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CONSTITUTION 


OF THE 


STATE OF ARKANSAS 


INCLUDING ALL 
AMENDMENTS 


COMPILED BY 


JIM B. HIGGINS 


SECRETARY OF STATE 


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https://archive.org/details/constitutionofst0O0arka_0O 


CONSTITUTION 


OF THE 


STATE OF ARKANSAS 


INCLUDING ALL 
AMENDMENTS 


COMPILED BY 


JIM B. HIGGINS 


SECRETARY OF STATE 


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CONTENTS. 


CONSTITUTION. 


Boundaries 

Declaration of Rights. 

Franchise and Elections 
Departments - oe Ber 2 Seok 
Degisietive, Departinent.2 
Executive Department... 


Judicial Department. 


Apportionment 


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Agriculture, Miniud ad Ren eerine ee 


Militia __-__. a, ae Sale 


Municipal and erivate, ‘Cacparations.. eee 


Counties, County Seats and County Lines. 


Moucation 2... 
Impeachment and ‘Adare ess. 


Finance and Taxation.____._.._______ by PGee Nt 


Railroads, Canals and Purnpikes: s... . 


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Miscellaneous +Provisions........ =~ 3 
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AMENDMENTS TO CONSTITUTION. 


“Holford Bond” Amendment. 


Regulation of Transportation Rates... 


Phrée-Mill-Connty, Road) lax. 2 2 
Sureties On Official Bonds 

Sixty-day Session of Legislatures: 

Duties of Lieutenant Governor Defined 


Initiative and Referendum Further Deities 


Equal Suffrage _- . Dae 

To Enlarge Supreme C sunt. : 

Local Bond Issue for Debts Only.. 
Eighteen-Mill District School Tax. : 
Cotton Mills Exempted From Taxation 
Municipal Improvement Bonds 
Prohibits Local Acts by Legislature_ 
Attorney General’s Opinion on No. 8. 
Election Returns On All Amendments 


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CONSTITUTION 


OF THE 


STATE OF ARKANSAS 


ADOPTED IN CONVENTION SEPTEMBER 7, 1874. 
RATIFIED BY PEOPLE OCTOBER 30, 1874. 


PREAMBLE. 


We, the people of the State of Arkansas, grateful to 
Almighty God for the privilege of choosing our own form of 
government, for our civil and religious liberty, and desiring to 
perpetuate its blessings and secure the same to ourselves and 
posterity, do ordain and establish this Constitution. 


ARTICLE I. 


BOUNDARIES. 


We do declare and establish, ratify and confirm, the fol- 
lowing as the permanent boundaries of the State of Arkansas, 
that is to say: Beginning at the middle of the main channel of 
the Mississippi River, on the parallel of thirty-six degrees of 
north latitude, running thence west with said parallel of latitude 
to the middle of the main channel of the St. Francis River; 
thence up the main channel of said last named river to the 
parallel of thirty-six degrees, thirty minutes of north latitude; 
thence west with the southern boundary line of the State of 
Missouri to the southwest corner of said last named State; 
thence to be bounded on the west to the north bank of Red 
River, as by act of Congress and treaties existing January 1, 
1837, defining the western limits of the Territory of Arkansas 
and to be bounded across and south of Red River by the 
boundary line of the State of Texas as far as to the north- 


8 Constitution of the State of Arkansas 


west corner of the State of Louisiana; thence easterly with 
the northern boundary line of said last named State to the 
middle of the main chanel of the Mississippi River; thence 
‘up the middle of the main channel of said last named river, 
including. an island in said river known as “Belle Point 
Island,” and all other land originally surveyed and included 
as a part of the Territory or State of Arkansas, to the thirty- 
sixth degree of north latitude, the place of beginning. 


SEAT OF GOVERNMENT. 


The seat of government of the State of Arkansas shall 
be and remain at Little Rock, where it is now established. 


ARTICLE I. 


DECLARATION OF RIGHTS. 


Section 1. All political power is inherent in the people, 
and government is instituted for their protection, security 
and benefit; and they have the right to alter, reform or 
abolish the same in such manner as they think proper. 


Sec. 2. All men are created equally free and independ- 
ent, and have certain inherent and inalienable rights, amongst 
which are those of enjoying and defending life and liberty; 
of acquiring, possessing and protecting property and reputa- 
tion, and of pursuing their own happiness. To secure these 
rights governments are instituted among men, deriving just 
powers from the consent of the governed. 


Sec. 3. The equality of all persons before the law is 
recognized, and shall ever remain inviolate; nor shall any citi- 
zen ever be deprived of any right, privilege or immunity, nor 
exempted from any burden or duty, on account of race, color 
or prevous condition. 


Sec. 4. The right of the people peaceably to assemble to 
consult for the common good, and to petition, by address or 
remonstrance, the government, or any department thereof, 
shall never be abridged. 


Sec. 5. The citizens of this State shall have the right to 
keep and bear arms for their common defense. 


Sec. 6. The liberty of the press shall forever remain in- 
violate. The free communication of thoughts and opinions 
is one of the invaluable rights of man; and all persons may 
freely write and publish their sentiments on all subjects, being 


Constiultion of the State of Arkansas 9) 


responsible for the abuse of such rights. In all criminal prose- 
cutions for libel the truth may be given in evidence to the jury; 
and, if it shall appear to the jury that the matter charged as 
libelous is true, and was published with good motives and for 
justifiable ends, the party charged shall be acquitted. 

Sec. 7. The right of trial by jury shall remain inviolate, 
and shall extend to all cases at law, without regard to the 
amount in controversy; but a jury may be waived by the 
parties in all cases in the manner prescribed by law. 


Sec. 8. No person shall be held to answer a criminal 
charge unless on the presentment or indictment of a grand 
jury, except in cases of impeachment or cases such as the Gen- 
eral Assembly shall make cognizable by justices of the peace, 
and courts of similar jurisdiction; or cases arising in the army 
and navy of the United States; or in the militia when in actual 
service in time of war or public danger; and no person for the 
same offense, shall be twice put in jeopardy of life or liberty; 
but if, in any criminal prosecution, the jury be divided in 
opinion, the court before which the trial shall be had may, in 
its discretion, discharge the jury, and commit or bail the ac- 
cused for trial at the same or the next term of said court; nor 
shall any person be compelled, in any criminal cases to be a 
witness against himself; nor be deprived of life, liberty or 
property, without due process of law. All persons shall, before 
conviction, be bailable by sufficient sureties, except for capital 
offenses, when the proof is evident or the presumption great. 


Sec. 9. Excessive bail shall not be required, nor shall 
excessive fines be imposed; nor shall cruel or unusual punish- 
ment be inflicted; nor witnesses be unreasonably detained. 


Sec. 10. In all criminal prosecutions the accused shall 
enjoy the right to a speedy and public trial by an impartial 
jury of the county in which the crime shall have been com- 
mitted; provided that the venue may be changed to any other 
county of the judicial district in which the indictment is found, 
upon the application of the accused, in such manner as now is, 
or may be, prescribed by law; and to be informed of the nature 
and cause of the accusation against him, and to have a copy 
thereof; to be confronted with the witnesses against him; to 
have compulsory process for obtaining witnesses in his favor, 
and to be heard by himself and his counsel. 


Sec. 11. The privilege of the writ of habeas corpus shall 
not be suspended, except by the General Assembly in case of 
rebellion, insurrection or invasion, when the public safety may 
require it. 


10 Constitution of the State of Arkansas 


Sec. 12. No power of suspending or setting aside the law 
or laws of the State shall ever be exercised except by the Gen- 
eral Assembly. 


Sec. 13. Every person is entitled to a certain remedy in 
the laws for all injuries or wrongs he may receive in his per- 
son, property or character; he ought to obtain justice freely, 
and without purchase, completely, and without denial, 
promptly and without delay, conformably to the laws. 


Sec. 14. Treason against the State shall only consist in 
levying and making war against the same, or in adhering to its 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 


Sec. 15. The right of the people of this State to be secure 
in their persons, houses, papers and effects against unreason- 
able searches and seizures shall not be violated, and no war- 
rant shall issue except upon probable cause, supported by oath 
or affirmation, and particularly describing the place to be 
searched and the person or thing to be seized. 


Sec. 16. No person shall be imprisoned for debt in any 
civil action, or mesne or final process, unless in cases of fraud. 


Sec. 17. No bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts shall ever be passed; and 
no conviction shall work corruption of blood and forfeiture of 
estate. 


Sec. 18. The General Assembly shall not grant to any 
citizen or class of citizens privileges or immunities which upon 
the same terms shall not equally belong to all citizens. 


Sec. 19. Perpetuities and monopolies are contrary to the 
genius of a republic, and shall not be allowed; nor shall any 
hereditary emoluments, privileges or honors ever be granted 
or conferred in this State. 


Sec. 20. No distinction shall be be made by law between 
resident aliens and citizens in regard to the possession, en- 
joyment or descent of property. 


Sec. 21. No person shall be taken or imprisoned, or dis- 
seized of his estate. freehold, liberties; or privileges; or out- 
lawed, or in any manner destroyed or deprived of his life, 
liberty or property; except by the judgment of his peers or 
the law of the land; nor shall any person under any circum- 
stances, be exiled from the State. 


Constitution of the State of Arkansas 11 


Sec. 22. The right of property is before and higher than 
any constitutional sanction; and private property shall not be 
taken, appropriated or damaged for public use, without just 
compensation therefor. 


Sec. 23. The State’s ancient right of eminent domain and 
of taxation is herein fully and expressly conceded; and the 
General Assembly may delegate the taxing power, with the 
necessary restriction, to the state’s subordinate political and 
municipal corporations to the extent of providing for their 
existence, maintenance and well being, but no further. 


Sec. 24. All men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
consciences; no man can, of right, be compelled to attend, 
erect or support any place of worship; or to maintain any 
ministry against his consent. No human authority can, in any 
case or manner whatsoever, control or interfere with the right 
of conscience; and no preference shall ever be given, by law, 
to any religious establishment, denomination or mode of wor- 
ship above any other. 


Sec. 25. Religion, morality and knowledge being essential 
to good government, the General Assembly shall enact suit- 
able laws to protect every religious denomination in the peace- 
able enjoyment of its own mode of public worship. 


Sec. 26. No religious test shall ever be required of any 
person as a qualification to vote or hold office, nor shall any 
person be rendered incompetent to be a witness on account 
of his religious belief; but nothing herein shall be construed 
to dispense with oaths or affirmations. 


Sec. 27. There shall be no slavery in this State, nor in- 
voluntary servitude, except as a punishment for crime. No 
standing army shall be kept in time of peace; the military 
shall at all times be in strict subordination to the civil power; 
and no soldier shall be quartered in any house, or on any 
premises, without the consent of the owner, in time of peace; 
nor in time of war, except in a manner prescribed by law. 


Sec. 28. All lands in this State are declared to be allodial; 
and feudal tenures of every description, with all their inci- 
dents, are prohibited. 


Sec. 29. This enumeration of rights shall not be con- 
strued to deny or disparge others retained by the people; and 
to guard against any encroachments on the rights herein re- 


12 Constitution of the State of Arkansas 


tained, or any transgression of any of the higher powers 
herein delegated, we declare that everything in this article is 
excepted out of the general powers of the government, and 
shall foreyer remain inviolate; and, that all laws contrary 
thereto, or to the other provisions herein contained shall be 
void. 


. ARTICLE III. 


FRANCHISE AND ELECTIONS. 


Section 1. Every male citizen of the United States, or 
male person who has declared his intention of becoming a 
citizen of the same, of the age of twenty-one years, who has 
resided in the State twelve months, and in the county six 
months, and in the voting precinct or ward one month, next 
preceding any election, where he may propose to vote, shall 
be entitled to vote at all elections by the people. (8) 


Sec. 2. Elections shall be free and equal. No power, civil 
or military, shall ever interfere to prevent the free exercise 
of the right of suffrage; nor shall any law be enacted whereby 
the right to vote at any election shall be made to depend upon 
any previous registration of the elector’s name; or whereby 
such right shall be impaired or forfeited, except for the com- 
mission of a felony at common law, upon lawful conviction 
thereof. 


Sec. 3. All elections by the people shall be by ballot. 
Every ballot shall be numbered in the order in which it shall 
be received, and the number recorded by the election officers 
on the list of voters opposite the name of the elector who 
presents the ballot. The election officer shall be sworn or 
affirmed not to disclose how any voter shall have voted, 
unless required to do so as witnesses in a judicial proceeding, 
or a proceeding to contest an election. 


Sec. 4. Electors shall, in all cases (except treason, felony 
and breach of the peace), be privileged from arrest during 
their attendance at elections and going to and from the 
same. 


Sec. 5. No idiot or insane person shall be entitled to the 
privileges of an elector. 


Sec. 6. Any person who shall be convicted of fraud, 
bribery or other wilful and corrupt violation of any election 


; (8) Superceded by Equal Suffrage Amendment, No, 8. See, also, opin- 
ion of Attorney General, pages 79 and 80. 


Constitution of the State of Arkansas 13 


law of this State shall be adjudged guilty of a felony, and dis- 
qualified from holding any oflice or trust or profit in this 
State. 


Sec. 7. No soldier, sailor or marine in the military or 
naval service of the United States shall acquire a residence by 
reason of being stationed on duty in this State. 


Sec. 8. The general elections shall be held biennially, on 
the first Monday of September; but the General Assembly may 
by law fix a different time. 


Sec. 9. In trials of contested elections and in proceedings 
for the investigation of elections no person shall be permitted 
to withhold his testimony on the ground that it may criminate 
himself or subject him to public infamy; but such testimony 
shall not be used against him in any judicial proceeding, ex- 
cept for perjury in giving such testimony. 


Sec. 10. No person shall be qualified to serve as an elec- 
tion officer who shall hold at the time of the election any 
office, appointment or employment in or under the govern- 
ment of the United States, or of this State, or in any city or 
county, or any municipal board, commission or trust in any 
city, save only the justices of the peace and aldermen, notaries 
public and persons in the militia service of the State. Nor 
shall any election officer be eligible to any civil office to be 
filled at an election at which he shall serve——save only to such 
subordinate municipal or local offices, below the grade of 
city or county officers, as shall be designated by general law. 


Sec. 11. If the officers of any election shall unlawfully 
refuse or fail to receive, count or return the vote or ballot of 
any qualified elector, such vote or ballot shall nevertheless 
be counted upon the trial of any contest arising out of said 
election. 

Sec. 12. All elections by persons acting in a representative 
capacity shall be viva voce. 

ARTICLE IV. 
DEPARTMENTS. 

Section 1. The powers of the government of the State of 
Arkansas shall be divided into three distinct departments, 
each of them to be confided to a separate body of magistracy, 
to-wit: Those which are legislative to one, those which are 
executive to another, and those which are judicial to another. 


Sec. 2. No person or collection of persons, being of one 
of these departments, shall exercise any power belonging to 


14 Constitution of the Slate of Arkansas 


either of the others, except in the instances hereinafter ex- 
pressly directed or permitted. 


ARTICLE V. 
LEGISLATIVE. 


Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of the Senate 
and House of Representatives. (7) 


Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of the Senate 
and House of Representatives. 


Sec. 2.. The House of Representatives shall consist of mem- 
bers to be chosen every second year by the qualified electors 
of the several counties. 


Sec. 3. The Senate shall consist of members to be chosen 
every four years by the qualified electors of the several dis- 
tricts. At the first session of the Senate the senators shall 
divide themselves into two classes by lot, and the first class 
shall hold their places for two years only, after which all shall 
be elected for four years. 


Sec. 4. No person shall be a senator or representative 
who, at the time of his election, is not a citizen of the United 
States, nor any one who has not been for two years next pre- 
ceding his election a resident of this State, and for one year 
next preceding his election a-resident of the county or district 
whence he may be chosen. Senators shall be at least twenty- 
five years of age and representatives at least twenty-one years 
of age. 

Sec. 5d. The General Assembly shall meet at the seat of 
government every two years on the first Tuesday after the 
second Monday in November until said time be altered by law. 


Sec. 6. The Governor shall issue writs of election to fill 
such vacancies as shall occur in either house of the General 
Assembly. 


Sec. 7. No judge of the supreme, circuit or inferior courts 
of law or equity, Secretary of State, Attorney General for the 
State, Auditor, or Treasur: er, recorder, clerk of any court of 
record, sheriff, coroner, member of Congress, nor any other 
person holding any lucrative office under the United States 
or this State (militia officers, justices of the peace, postmasters, 


(7) Amended by initiative and referendum amendment of 1910; which 
is supplanted by Amendment No. 7, validated in the case of Brickhouse vs. 
a Gia Ake. pila. 


Constitution of the State of Arkansas 15 


officers of public schools and notaries excepted), shall be 
eligible to a seat in either house of the General Assembly. 


Sec. 8 No person who now is or shall be hereafter a 
collector or holder of public money, nor any assistant or 
deputy of such holder or collector of public money, shall be 
eligible to a seat in either house of the General Assembly, 
nor to any office of trust or profit, until he shall have ac- 
counted for and paid over all sums for which he may have 
been liable. 

Sec. 9. No person hereafter convicted of embezzlement 
of public money, bribery, forgery or other infamous crime 
shall be eligible to the General Assembly or capable of holding 
any office of trust or profit in this State. 


Sec. 10. No Senator or Representative shall during the 
term for which he shall have been elected be appointed or 
elected to any civil office under this State. 


Sec. 11. Each House shall appoint its own officers and 
shall be sole judge of the qualifications, returns and elections 
of its own members A majority of all the members elected 
to each house shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and compel 
the attendance of absent members in such manner and under 
such penalties as each house shall provide. 


Sec. 12.. Each house shall have the power to determine 
the rules of its proceedings; and punish its members or other 
persons for contempt or disorderly behavior in its presence; 
enforce obedience to its process; to protect its members against 
violence or offers of bribes or private solicitations; and, with 
the concurrence of two-thirds, expel a member, but not a 
second time for the same cause. A member expelled for cor- 
ruption shall not thereafter be eligible to either house; and 
punishmnt for contempt or disorderly behavior shall not bar 
an indictment for the same offense. Each house shall keep a 
journal of its proceedings and from time to time publish the 
same, except such parts as require secrecy; and the yeas and 
nays on any questions shall, at the desire of any five members, 
be entered on the journals. 


Sec. 13. The sessions of each house and of committees 
of the whole shall be open, unless when the business is such as 
ought to be kept secret. 

Sec. 14. Whenever an officer, civil or military, shall be 
appointed by the joint concurrent vote of both houses, of 
the General Assembly, the vote shall be taken viva voce and 
entered on the journals. 


16 Constitution of the State of Arkansas 


Sec. 15. The members of the General Assembly shall in all 
cases except treason, felony, and breach, or surety of the peace, 
be privileged from arrest during their attendance at the ses- 
sions of their respective houses, and in going to and returning 
from the same; and for any speech or debate in either house 
they shall not be questioned in any other place. 


Sec. 14. The members of the General Assembly shall re- 
ceive such per diem pay and mileage for their services as 
shall be fixed by law. No member of either house shall, dur- 
ing the term for which he has been elected, receive any in- 
crease of pay for his services under any law passed during 
such term. The term of all members of the General Assembly 
shall begin on the day of their election. (5) 


Sec. 17. The regular biennial session shall not exceed 
sixty days in duration, unless by a vote of two-thirds of the 
members elected to each house of said General Assembly. Pro- 
vided, that this section shall not apply to the first session of 
the General Assembly under this constitution, or when im- 
peachments are pending. 


Sec. 18. Each house, at the beginning of every regular 
session of the General Assembly, and whenever a vacancy may 
occur, shall elect from its members a presiding officer to be 
styled, respectively, the President of the Senate and the Speak- 
er of the House of Representatives; and whenever, at the close 
of any session, it may appear that the term of the member 
elected President of the Senate will expire before the next 
regular session, the Senate shall elect another president from 
those members whose term of office continue over, who shall 
qualify and remain President of the Senate until his successor 
may be elected and qualified; and who, in the case of a 
vacancy in the office of Governor, shall perform the duties 
and exercise the powers of Governor, as elsewhere herein pro- 
vided. 

Sec. 19. The style of the laws of the State of Arkansas 
shall be: ‘“‘Be it enacted by the General Assembly of the State 
of Arkansas.” 


Sec. 20. The State of Arkansas shall never be made de- 
fendant in any of her courts.” 


Sec 21. No law shall be passed except by bill, and no bill 
shall be so altered or amended on its passage through either 
house as to change its original purpose. 


’ 
ia 


(5) Superceded by Amendment No. 5, adopted at the General Election 
1912 ; validated in the case of Brickhouse vs. Hill, 167 Ark., 513, and Combs 
vs. Gray, decided April 12, 1926. 


Constitution of the State of Arkansas 17 


Sec. 22. Every bill shall be read at length on three different 
days in each house, unless the rules be suspended by two- 
thirds of the house, when the same may be read a second 
or third time on the same day; and no bill shall become a law 
unless on its final passage the vote be taken by yeas and nays, 
the names of the persons voting for and against the same be 
entered on the Journal, and majority of each house be recorded 
thereon as voting in its favor. 

Sec. 23. No law shall be revived, amended, or the pro- 
visions thereof extended or conferred by reference to its title 
only; but so much thereof as it revived, amended, extended or 
conferred shall be re-enacted and published at length. 


Sec. 24. The General Assembly shall not pass any local 
or special law changing the venue in criminal cases; changing 
the names of persons or adopting or legitimating children; 
granting divorces; vacating roads, streets or alleys. 

Sec. 25. In all cases where a general law can be made 
applicable no special law shall be enacted; nor shall the opera- 
tion of any general law be suspended by the legislature for the 
benefit of any particular individual, corporation or associa- 
tion; nor where the courts have jurisdiction to grant the pow- 
ers or the privileges or the relief asked for. 


Sec. 26. No local or special bill shall be passed, unless 
notice of the intention to apply therefor shall have been pub- 
lished in the locality where the matter or thing to be affected 
may be situated, which notice shall be at least thirty days 
prior to the introduction into the General Assembly of such 
bill, and in the manner provided by law. The evidence 
of such notice having been published shall be exhibited in the 
General Assembly before such act shall be passed. (14) 


Sec. 27. No extra compensation shall be made to any 
officer, agent, employe or contractor after the service shall 
have been rendered or the contract made, nor shall any money 
be appropriated or paid on any claim, the subject matter of 
which shall not have been provided for by pre-existing laws; 
unless such compensation or claim be allowed by bill passed 
by two-thirds of the members elected to each branch of the 
General Assembly. 

Sec. 28. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec. 29. No money shall be drawn from the treasury ex- 
cept in pursuance of specific appropriations made by law, the 


(14 Amendment No. 14 prohibits local legislation by General Assembly ; 
adopted at General Election, 1926. 


18 Constitution of the State of Arkansas 


purpose of which shall be distinctly stated in the bill, and 
the maximum amount which may be drawn shall be specified 
in dollars and cents; and no appropriation shall be for a longer 
period than two years. 


Sec. 30. The general appropriation bill shall embrace noth- 
ing but appropriations for the ordinary expense of the ex- 
ecutive, legislative and judicial departments of the State. All 
other appropriations shall be made by separate bills, each em- 
bracing but one subject. 


Sec. 31. No State tax shall be allowed, or appropriation 
of money made, except to raise means for the payment of the 
just debts of the State, for defraying the necessary expenses of 
government, to sustain common schools, to repel invasion and 
suppress insurrection, except by a majority of two-thirds of 
both houses of the General Assembly. 


Sec. 32. No act of the General Assembly shall limit the 
amount to be recovered for injuries resulting in death, or for 
injuries to persons or property; and in case of death from 
such injuries the right of action shall survive and the General 
Assembly shall prescribe for whose benefit such action shall 
be prosecuted. 


Sec. 33. No obligation or liability of any railroad or other 
corporation held or owned by this State shall ever be ex- 
changed, transferred, remitted, postponed or in any way 
diminished by the General Assembly; nor shall such liability 
or obligation be released except by payment thereof into the 
State treasury. 


Sec. 34. No new bill shall be introduced in either house 
during the last three days of the session. 


Sec. 35. Any person who shall, directly or indirectly, 
offer, give or promise any money or thing of value, testi- 
monial, privilege or personal advantage to any executive or 
judicial officer or member of the General Assembly, and any 
such executive or judicial member or member of the General 
Assembly who shall receive or consent to receive any such 
consideration, either directly or indirectly, to influence his 
action in the performance or non-performance of his public 
or official duty, shall be guilty of a felony and be punished 
accordingly. 


Sec. 36. Proceedings to expel a member for a criminal 
offense, whether successful or not, shall not bar an indict- 
ment and punishment, under the criminal laws, for the same 
offense. 


co} 


Constitution of the State of Arkansas 1 


ARTICLE VI. 
EXECUTIVE DEPARTMENT, 


Section 1. The executive department of this State shall 
consist of a Governor, Secretary of State, Treasurer of State, 
Auditor of State and Attorney General, all of whom shall keep 
their offices in person at the seat of government, and hold 
their offices for the term of two years and until their suc- 
cessors are elected and qualified, and the General Assembly 
may provide by law for the establishment of the office of 
Commissioner of State Lands. (6) 


Sec. 2. The supreme executive power of this State shall 
be vested in a chief magistrate, who shall be styled “the Gov- 
ernor of the State of Arkansas.” 


Sec. 3. The Governor, Secretary of State, Treasurer of 
State, Auditor of State and Attorney General shall be elected 
by the qualified electors of the State at large at the time and 
place for voting for members of the General Assembly; the re- 
turns of each election therefor shall be sealed up separately 
and transmitted to the seat of government by the returning 
officers, and directed to the Speaker of the House of Repre- 
sentatives, who shall, during the first week of the session, open 
and publish the votes cast and given for each of the respective 
officers hereinbefore mentioned, in the presence of both 
houses of the General Assembly. The person having the highest 
number of votes for each of the respective offices shall be de- 
clared duly elected thereto; but if two or more shall be equal, 
and highest in votes for the same office, one of them shall be 
chosen by the joint vote of both houses of the General Assembly, 
and a majority of all the members elected shall be necessary to 
a choice. 


Sec. 4. Contested elections for Governor, Secretary of 
State, Treasurer of State, Auditor of State and Attorney Gen- 
eral shall be determined by the members of both houses of 
the General Assembly in joint session, who shall have ex- 
clusive jurisdiction in trying and determining the same, ex- 
cept as hereinafter provided in the case of special elections; 
and all such contests shall be tried and determined at the first 
session of the General Assembly after the election in which the 
same shall have arisen. 


Sec. 5. No person shall be elected to the office of Gov- 
ernor except a citizen of the United States who shall have at- 


(6) See amendment No. 6, providing for election of Lieutenant Gov- 
ernor; validated in case of Combs vs. ‘Gray, April 12, 1926. 


20) Constitution of the State of Arkansas 


tained the age of thirty years, and shall have been seven years 
a resident of this State. 


Sec. 6. The Governor shall be commander-in-chief of the 
military and naval forces of this State, except when they shall 
be called into the actual service of the United States. 


Sec. 7. He may require information in writing from the 
officers of the executive department on any subject relating 
to the duties of their respective offices, and shall see that the 
laws are faithfully executed. 


Sec. 8. He shall give to the General Assembly from time 
to time, and at the close of his oflicial term to the next Gen- 
eral Assembly, information by message concerning the condi- 
tion and government of the State, and recommend for their 
consideration such measures as he may deem expedient. 


Sec. 9. A seal of the State shall be kept by the Governor, 
used by him officially, and called the “Great Seal of the State 
of Arkansas.” 


Sec. 10. All grants and commissions shall be issued in 
the name and by the authority of the State of Arkansas, sealed 
by the Great Seal of the State, signed by the Governor and 
attested by the Secretary of State. 


Sec. 11. No member of Congress, or other person holding 
office under the authority of this State, or of the United States, 
shall exercise the office of Governor, except as herein pro- 
vided. 


Sec. 12. In case of the death, conviction or impeachment, 
failure to qualify, resignation, absence from the State or other 
disability of the Governor, the powers, duties and emoluments 
of the office for the remainder of the term, or until the dis- 
ability be removed, or a Governor elected and qualified, shall 
devolve upon and accrue to the President of the Senate. 


Sec. 13. If, during the vacancy of the office of Governor, 
the President of the Senate shall be impeached, removed from 
office, refuse to qualify, resign, die, or be absent from the 
State, the Speaker of the House of Representatives shall, in 
like manner, administer the government. 


Sec. 14. Whenever the office of Governor shall have be- 
come vacant by death, resignation, removal from office or 
otherwise, provided such vacancy shall not happen within 
twelve months next before the expiration of the term of office 
for which the late Governor shall have been elected, the Presi- 
dent of the Senate or Speaker of the House of Representatives, 


Constitution of the State of Arkansas 21 


as the case may be, exercising the powers of Governor for the 
time being, shall immediately cause an election to be held to 
fill such vacancy, giving by proclamation sixty days’ previous 
notice thereof, which election shall be governed by the same 
rules prescribed for general elections of Governor as far as 
applicable; the returns shall be made to the Secretary of State, 
and the Acting Governor, Secretary of State and Attorney Gen- 
eral shall constitute a board of canvassers, a majority of whom 
shall compare said returns and declare who is elected; and, 
if there be a contested election, it shall be decided as may be 
provided by law. 


Sec. 15. Every bill which shall have passed both houses 
of the General Assembly shall be presented to the Governor; if 
he approves it he shall sign it; but if he shall not approve it, he 
shall return it, with his objections, to the house in which it 
originated, which house shall enter the objections at large 
upon their journal and proceed to reconsider it. If, after such 
reconsideration, a majority of the whole number elected to that 
house shall agree to pass the bill, it shall be sent with the ob- 
jections to the other house, by which likewise, it shall be re- 
considered; and, if approved by a majority of the whole num- 
ber elected to that house, it shall be a law; but in such cases the 
votes of both houses shall be determined by ‘“‘yeas and nays,” 
and the names of the members voting for or against the bill 
shall be entered on the journals. If any bill shall not be re- 
turned by the Governor within five days, Sunday excepted, 
after it shall have been presented to him, the same shall be a 
law in like manner as if he had signed it, unless the General 
Assembly, by their adjournment, prevented its return, in which 
case it shall become a law, unless he shall file the same, with 
his objections, in the office of the Secretary of State and give 
notice thereof by public proclamation within twenty days 
after such adjournment. 


Sec. 16. Every order or resolution in which the concur- 
rence of both houses of the General Assembly may be _ nec- 
essary, except on questions of adjournment, shall be presented 
to the governor, and, before it shall take effect, be approved by 
him; or, being disapproved, shall be repassed by both houses, 
according to the rules and limitations prescribed in the case 
of a bill. 


Sec. 17. The Governor shall have power to disapprove 
any item or items of any bill making appropriation of money, 
embracing distinct items; and the part or parts of the bill 
approved shall be the law, and the item or items or appropria- 


22 Constiiution of the Stale of Arkansas 


tion disapproved shall be void, unless repassed according to 
the rules and limitations prescribed for the passage of other 
bills over the executive veto. 


Sec. 18. In all criminal and penal cases, except in those 
of treason and impeachment, the Governor shall have power 
to grant reprieves, commutations of sentence, and pardons 
after conviction; and to remit fines and forfeitures under such 
rules and regulations as shall be prescribed by law. In case of 
treason he shall have power, by and with the advice and con- 
sent of the Senate, to grant reprieves and pardons; and he may, 
in the recess of the Senate, respite the sentence until the ad- 
journment of the next regular session of the General Assembly. 
He shall communicate to the General Assembly at every regu- 
lar session each case of reprieve, commutation or pardon, with 
his reasons therefor, stating the name and crime of the con- 
vict, the sentence, its date and the date of commutation, 
pardon or reprieve. 


Sec. 19. The Governor may, by proclamation, on extra- 
ordinary occasions, convene the General Assembly at the seat 
of government, or at a different place if that shall have become 
since their last adjournment dangerous from an enemy or con- 
tagious disease; and he shall specify in his proclamation the 
purpose for which they are convened, and no other business 
than set forth therein shall be transacted until the same shall 
have been disposed of, after which they may, by a vote of two- 
thirds of all the members elected to both houses, entered upon 
their journals, remain in session not exceeding fifteen days. 


Sec. 20. In cases of disagreement between the two houses 
of the General Assembly, at a regular or special session with 
respect to the time of adjournment, the Governor may, if the 
facts be certified to him by the presiding officers of the two 
houses, adjourn them to a time not beyond the day of their 
next meeting; and, on account of danger from an enemy or 
disease, to such other place of safety as he may think proper. 


Sec. 21. The Secretary of State shall keep a full and ac- 
curate record of all the official acts and proceedings of the 
Governor, and, when required, lay the same, with all papers, 
minutes and vouchers relating thereto, before either branch of 
the General Assembly. He shall also discharge the duties of 
Superintendent of Public Instruction, until otherwise pro- 
vided by law. 


Sec. 22. The Treasurer of State, Secretary of State, Audi- 
tor of State and Attorney General shall perform such duties as 


Constitution of the State of Arkansas 23 


may be prescribed by law; they shall not hold any other of- 
fice or commission, civil or military, in this State, or under 
any State, or the United States, or any other power, at one and 
the same time; and, in case of vacancy occurring in any of said 
offices, by death, resignation or otherwise, the Governor shall 
fill said office by appointment for the unexpired term. 


Sec. 23. When any office from any cause may become va- 
cant, and no mode is provided by the Constitution and laws 
for filling such vacancy, the Governor shall have the power to 
fill the same by granting a commission, which shall expire 
when the person elected to fill said office, at the next general 
election, shall be duly qualified. 


ARTICLE VII. 
JUDICIAL DEPARTMENT. 


Section 1. The judicial power of the State shall be vested 
in one Supreme Court; in circuit courts; in county and probate 
courts, and in justices of the peace. The General Assembly 
may also vest such jurisdiction as may be deemed necessary 
in municipal corporation courts, courts of common _ pleas, 
where established, and when deemed expedient, may establish 
separate courts of chancery. 


Sec. 2. The Supreme Court shall be composed of three 
judges, one of whom shall be styled chief justice, and elected 
as such; any two of whom shall constitute a quorum, and the 
concurrence of two judges shall, in every case, be necessary to 
a decision. (9) 


Sec. 3. When the population of the state shall amount to 
one million, the General Assembly, may, if deemed necessary, 
increase the number of judges of the Supreme Court to five; 
and, on such increase, a majority of judges shall be necessary 
to make a quorum or decision. 


Sec. 4. The Supreme Court, except in cases otherwise 
provided by this Constitution, shall have appellate jurisdiction 
only, which shall be co-extensive with the State, under such 
restrictions as may from time to time be prescribed by law. 
It shall have a general superintending control over all inferior 
courts of law and equity; and, in aid of its appellate and super- 
visory jurisdiction, it shall have power to issue writs of error 
and supersedeas, certiorari, habeas corpus, prohibition, man- 
damus and quo warranto, and other remedial writs, and to hear 


(9) Amendment No. 9, increased number of members of Supreme 
Court to seven; validated by Special Supreme Court, in case of Brick- 
house vs, Hill, 167 Ark., 517, 


24 Constlitulion of the State of Arkansas 


and determine the same. Its judges shall be conservators of 
the peace throughout the State, and shall severally have power 
to issue any of the aforesaid writs. 


Sec. 5. In the exercise of original jurisdiction the Su- 
preme Court shall have power to issue writs of quo warranto 
to the circuit judges and chancellors when created, and to 
officers of -political corporations when the question involved 
is the legal existence of such corporations. 


Sec. 6. A judge of the Supreme Court shall be at least 
thirty years of age, of good moral character, and learned in the 
law; a citizen of the United States and two years a resident of 
the State, and who has been a practicing lawyer eight years, 
or whose service upon the bench of any court of record, when 
added to the time he may have practiced law, shall be equal to 
eight years. The judges of the Supreme Court shall be elected 
by the qualified electors of the State and shall hold their 
offices during the term of eight years from the date of their 
commissions; but at the first meeting of the court after the 
first election under this Constitution the judges shall by lot 
divide themselves into three classes, one of which shall hold 
his office for four, one for six and the other for eight years, 
after which each judge shall be elected for a full term of eight 
years. A record shall be made in the court of this classifica- 


tion. 


Sec. 7. The Supreme Court shall appoint its clerk and re- 
porter, who shall hold their offices for six years, subject to 
removal for good cause. 


Sec. 8. The terms of the Supreme Court shall be held at 
the seat of government at the times that now are, or may be, 
provided by law. 


Sec. 9. In case all or any of the judges of the Supreme 
Court shall be disqualified from presiding in any cause or 
causes, the court or the disqualified judge shall certify the 
same to the governor, who shall immediately commission the 
requisite number of men learned in the law to sit in the trial 
and determination of such causes. 


Sec. 10. The supreme judges shall at stated times receive 
a compensation for their services to be ascertained by law, 
which shall not be, after the adjurnment of the next General 
Assembly, diminished during the time for which they shall 
have been elected. They shall not be allowed any fees or 
perquisites of office nor hold any other office, nor hold any 
office of trust or profit under the State or the United States. 


Constitution of the State of Arkansas 29 


Sec. 11. The circuit courts shall have jurisdiction in all 
civil and criminal cases, the exclusive jurisdiction of which 
may not be vested in some other court provided for by this 
constitution. 


Sec. 12. The circuit courts shall hold their terms in each 
county at such times and places as are, or may be, prescribed 
by law. 


Sec. 13. The State shall be divided into convenient cir- 
cuits, each circuit to be made up of contiguous counties, for 
each of which circuits a judge shall be elected, who, during 
his continuance in office, shall reside in and be a conservator 
of the peace within the circuit for which he shall have been 
elected. 


Sec. 14. The circuit courts shall exercise a superintend- 
ing control and appellate jurisdiction over the county, probate, 
court of common pleas, and corporation courts and justices 
of the peace, and shall have power to issue, hear and determine 
all the necessary writs to carry into effect their general and 
specific powers, any of which writs may be issued upon order 
of the judge of the appropriate court in vacation. 


Sec. 15. Until the General Assembly shall deem it ex- 
pedient to establish courts of chancery, the circuit courts shall 
have jurisdiction in matters of equity, subject to appeal to the 
Supreme Court, in such manner as may be prescribed by law. 


Sec. 16. A judge of the circuit court shall be a citizen of 
the United States, at least twenty-eight years of age, of good 
moral character, learned in the law, two years a resident of 
the State, and shall have practiced law six years, or whose 
service upon the bench of any court of record, when added to 
the time he may have practiced law, shall be equal to six 
years. 


Sec. 17. The judges of the circuit courts shall be elected 
by the qualified electors of the several circuits, and shall hold 
their offices for the term of four years. 


Sec. 18. The judges of the circuit courts shall at stated 
times receive a compensation for their services, to be ascer- 
tained by law, which shall not, after the adjournment of the 
first session of the General Assembly, be diminished during the 
the time for which they are elected. They shall not be allowed 
any fees or perquisites of office, nor hold any other office of 
trust or profit under this State, or the United States. 


Sec. 19. The clerks of the circuit court shall be elected 
by the qualified electors of the several counties, for the term 


26 Constitution of the State of Arkansas 


of two years, and shall be ex-officio clerks of the county and 
probate courts and recorder; provided, that in any county 
having a population exceeding fifteen thousand inhabitants, 
as shown by the last federal census, there shall be elected a 
county clerk, in like manner as clerk of the circuit court, who 
shall be ex-officio clerk of the probate court of said county. 


Sec. 20.-. No judge or justice shall preside in the trial of 
any cause in the event of which he may be interested, or 
where either of the parties shall be connected with him by 
consanguinity or affinity, within such degree as may be pre- 
scribed by law; or in which he may have been of counsel or 
have presided in any inferior court. 


Sec. 21. Whenever the office of judge of the circuit court 
of any county is vacant at the commencement of a term of 
such court, or the judge of said court shall fail to attend, the 
regular practicing attorneys in attendance on said court may 
meet at 10 o’clock a. m. on the second day of the term and 
elect a judge to preside at such court, or until the regular 
judge shall appear; and if the judge of said court shall become 
sick or die or unable to continue to hold such court after its 
term shall have commenced, or shall from any cause be dis- 
qualified from presiding at the trial of any cause then pending 
therein, then the regular practicing attorneys in attendance 
on said court may in like manner, on notice from the judge or 
clerk of said court, elect a judge to preside at such court or to 
try said causes, and the attorney so elected shall have the same 
power and authority in said court as the regular judge would 
have had if present and presiding; but this authority shall 
cease at the close of the term at which the election shall be 
made. The proceedings shall be entered at large upon the 
record. The special judge shall be learned in the law anda 
resident of the State. 


Sec. 22. The judges of the circuit courts may temporarily 
exchange circuits or hold courts for each other under such 
regulations as may be prescribed by law. 


Sec. 23. Judges shall not charge juries with regard to 
matters of fact, but shall declare the law and in jury trials 
shall reduce their charge or instructions to writing on the re- 
quest of either party. 


Sec. 24. The qualified electors of each circuit shall elect 
a prosecuting attorney, who shall hold his office for the term 
of two years, and he shall be a citizen of the United States, 
learned in the law, and a resident of the circuit for which he 
may be elected. 


ho 
~I 


Constitution of the State of Arkansas 


Sec. 25. The judges of the supreme, circuit or chancery 
courts shall not, during their continuance in office, practice 
law or appear as counsel in any court, State or Federal, with- 
in this State. 


Sec. 26. The General Assembly shall have power to regu- 
late by law the punishment of contempts not committed in the 
presence or hearing of the courts, or in disobedience of pro- 
cess. 


Sec. 27. The Circuit Court shall have jurisdiction upon 
information, presentment or indictment to remove any county 
or township officer from office for incompetence, corruption, 
gross immorality, criminal conduct, malfeasance, misfeasance 
or non-feasance in office. 


Sec. 28. The county courts shall have exclusive original 
jurisdiction in all matters relating to county taxes, roads, 
bridges, ferries, paupers, bastardy, vagrants, the apprentice- 
ship of minors, the disbursement of money for county pur- 
poses, and in every other case that may be necessary to the 
internal improvement and local concerns of the respective 
counties. The county court shall be held by one judge, ex- 
cept in cases otherwise herein provided. 


Sec 29. The judge of the county court shall be elected by 
the qualified electors of the county for the term of two years. 
He shall be at least twenty-five years of age, a citizen of the 
United States, a man of upright character, of good business 
education and a resident of the State for two years before 
his election, and a resident of the county at the time of his 
election and during his continuance in office. 


Sec. 30. The justices of the peace of each county shall sit 
with and assist the county judge in levying the county taxes, 
and in making appropriations for the expenses of the county 
in the manner to be prescribed by law; and the county judge 
together with a majority of said justices, shall constitute a 
quorum for such purposes; and in the absence of the county 
judge a majority of the justices of the peace may constitute 
the court, who shall elect one of their number to preside. The 
general assembly shall regulate by law the manner of compell- 
ing the attendance of such quorum, 


Sec. 31. The terms of the county courts shall be held at 
the times that are now prescribed for holding the supervisors 
courts, or may hereafter be prescribed by law. 


Sec. 32. The General Assembly may authorize the judge 
of the county court of any one or more counties to hold sev- 


28 Constitution of the State of Arkansas 


erally a quarterly court of common pleas in their respective 
counties, which shall be a court of record, with such juris- 
diction in matters of contract and other civil matters not in- 
volving title to real estate as may be vested in such court. 


Sec. 33. Appeals from all judgments of county courts or 
courts of common pleas, when established, may be taken to 
the circuit court under such restrictions and regulations as 
may be prescribed by law. 


Sec. 34. The judge of the county court shall be the judge 
of the court of probate, and have such exclusive original juris- 
diction in matters relative to the probate of wills, the estates 
of deceased persons, executors, administrators, guardians and 
persons of unsound mind and their estates as is now vested 
in the circuit court, or may be hereafter prescribed by law. 
The regular terms of the court of probate shall be held at the 
times that may hereafter be prescribed by law. 


Sec. 35. Appeals may be taken from judgments and orders 
of the probate court to the circuit court under such regula- 
tions and restrictions as may be prescribed by law. 


Sec. 36. Whenever a judge of the county or probate 
court may be disqualified from presiding in any cause or causes 
pending in his court he shall certify the facts to the Governor 
of the State, who shall thereupon commission a special judge to 
preside in such cause or causes during the time said disquali- 
fication may continue, or until such cause or causes may be 
finally disposed of. 


Sec. 37. The county judge shall receive such compensa- 
tion for his services as presiding judge of the county court, as 
judge of the court of probate and judge of the court of common 
pleas, when established, as may be provided by law. In the 
absence of the circuit judge from the county the county judge 
shall have power to issue orders for injunction and other pro- 
visional writs in their counties, returnable to the court having 
jurisdiction, provided that either party may have such order 
reviewed by any superior judge in vacaton in such manner 
as shall be provided by law. The county judge shall have 
power, in the absence of the circuit judge from the county, to 
issue, hear and determine writs of habeas corpus under such 
regulations and restrictions as shall be provided by law. 


Sec. 38. The qualified electors of each township shall 
elect the justices of the peace for the term of two years, who 
shall be commissioned by the Governor, and their official oath 
shall be indorsed on the commission. 


Constitution of the State of Arkansas 29 


Sec. 39. For every two hundred electors there shall be 
elected one justice of the peace, but every township, however 
small, shall have two justices of the peace. 


Sec. 40. They shall have original jurisdiction in the fol- 
lowing matters: First, exclusive of the circuit court, in all 
matters of contract where the amount in controversy does not 
exceed the sum of one hundred dollars, excluding interest, 
and concurrent jurisdiction in matters of contract where the 
amount in controversy does not exceed the sum of three hun- 
dred dollars, exclusive of interest; second, concurrent juris- 
diction in suits for the recovery of personal property where 
the value of the property does not exceed the sum of three 
hundred dollars, and in all matters of damages to personal 
property where the amount in controversy does not exceed 
the sum of one hundred dollars; third, such jurisdiction of 
misdemeanors as is now, or may be, prescribed by law; fourth, 
to sit as examining courts and commit, discharge or recognize 
offenders to the court having jurisdiction for further trial, 
and to bind persons to keep the peace or for good behavior; 
fifth, for the foregoing purposes they shall have power to 
issue all necessary process; sixth, they shall be conservators 
of the peace within their respective counties, provided a 
justice of the peace shall not have jurisdiction where a lien 
on land or title or possession thereto is involved. 


Sec. 41. A justice of the peace shall be a qualified elector 
and a resident of the township for which he is elected. 


Sec. 42. Appeals may be taken from the final judgments 
of the justices of the peace to the circuit courts under such 
regulations as are now, or may be, provided by law. 


Sec. 43. Corporation courts for towns and cities may be 
invested with jurisdiction concurrent with justices of the 
peace in civil and criminal matters, and the General Assembly 
may invest such of them as it may deem expedient with juris- 
diction of any criminal offenses not punishable by death or 
imprisonment in the penitentiary, with or without indictment, 
as may be provided by law, and, until the General Assembly 
shall otherwise provide, they shall have the jurisdiction now 
provided by law. 


Sec. 44. The Pulaski Chancery Court shall continue in 
existence until abolished by law, or the business pending at 
the adoption of this Constitution shall be disposed of, or the 
pending business be transferred to other courts. The judge 
and clerk of said court shall hold office for the term of two 


30 Constitution of the State of Arkansas 


years, and shall be elected by the qualified voters of the State. 
All suits and proceedings which relate to sixteenth section 
lands or to money due for said lands shall be transferred to 
the respective counties where such lands are located in such 
manner as shall be provided by the General Assembly at the 
next session. 


Sec. 45. The separate criminal courts established in this 
State are hereby abolished, and all the jurisdiction exercised 
by said criminal courts is vested in the circuit courts of the 
respective counties; and all causes now pending therein are 
hereby transferred to said circuit courts respectively. It shall 
be the duty of the clerks of said criminal courts to transfer all 
the records, books and papers pertaining to said criminal 
courts to the circuit courts of their respective counties. 


Sec. 46. The qualified electors of each county shall elect 
one sheriff, who shall be ex-officio collector of taxes, unless 
otherwise provided by law; one assessor, one coroner, one 
treasurer, who shall be ex-officio treasurer of the common 
school fund of the county, and one county surveyor, for the 
term of two years, with such duties-ds are now or may be 
prescribed by law. Provided, that no per centum shall ever 
be paid to assessors upon the valuation or assessment of prop- 
erty by them. 


Sec. 47. The qualified electors of each township shall 
elect a constable for the term of two years, who shall be fur- 
nished by the presiding judge of the county court with a certi- 
ficate of election, on which his official oath shall be endorsed. 


Sec. 48. All officers provided for in this article, except 
constable, shall be commissioned by the Governor. 


Sec. 49. All writs and other judicial process shall run 
in the name of the State of Arkansas, bear test and be signed 
by the clerks of the respective courts from which they issue. 
Indictments shall conclude: “Against the peace and dignity of 
the State of Arkansas.” 


Sec. 50. All vacancies occurring in any office provided 
for in this article shall be filled by special election, save that in 
case of vacancies occurring in county and township offices 
six months, and in other offices nine months, before the next 
general election; such vacancies shall be filled by appoint- 
ment by the Governor. 


Sec. 51. That in all cases of allowances made for or 
against such counties, cities or towns, an appeal shall lie to the 


Constitution of the State of Arkansas 31 


circuit court of the county, at the instance of the party ag- 
grieved, or on the intervention of any citizen or resident or tax- 
payer of such county, city or town, on the same terms and con- 
ditions on which appeals may be granted to the circuit court 
in other cases; and the matter pertaining to any such allow- 
ance shall be tried in the circuit court de novo. In case 
an appeal be taken by any citizen he shall give a bond, pay- 
able to the proper county, conditioned to prosecute the appeal 
and save the county from costs on account of the same being 
taken. 


Sec. 52. That in all cases of contest for any county, 
township or municipal office, an appeal shall lie at the in- 
stance of the party aggrieved, from any inferior board, coun- 
cil or tribunal to the circuit court, on the same terms and 
conditions on which appeals may be granted to the circuit 
court in other cases, and on such appeals the case shall be 
tried de novo. 


ARTICLE VIII. 


APPORTION MENT. 


Section 1. The House of Representatives shall consist of 
not less than seventy-three, nor more than one hundred mem- 
bers. Each county now organized shall always be entitled to 
one representative, the remainder to be apportioned the several 
counties according to the number of adult male inhabitants, 
taking two thousand as the ratio, until the number of repre- 
sentative amounts to one hundred, when they shall not be 
further increased; but the ratio of representation shall, from 
time to time, be increased, as hereinafter provided, so that 
the representatives shall never exceed that number. And until 
the numeration of inhabitants is taken by the United States 
government, A. D. 1880., the representatives shall be appor- 
tioned among the several counties, as follows: 


The County of Arkansas shall elect one representative. 
The County of Ashley shall elect one representative. The 
County of Benton shall elect two representatives. The County 
of Boone shall elect one representative. The County of Brad- 
ley shall elect one representative. The County of Baxter shall 
elect one representative. The County of Calhoun shall elect 
one representative. The County of Carroll shall elect one rep- 
resentative. The County of Chicot shall elect one representa- 
tive. The County of Columbia shall elect two representatives. 
The County of Clark shall elect two representatives. The 
County of Conway shall elect one representative. The County 


32 Constitution of the State of Arkansas 


of Craighead shall elect one representative. The County of 
Crawford shall elect one representative. The County of 
Cross shall elect one representative. The County of Crit- 
tenden shall elect one representative. The County of Clayton 
shall elect one representative. The County of Dallas shall 
elect one representative. The County of Desha shall elect one 
representative. The County of Drew shall elect one repre- 
tative. The County of Dorsey shall elect one representative. 
The County of Franklin shall elect one representative. The 
County of Fulton shall elect one representative. The County 
of Faulkner shall elect one representative. The County of 
Grant shall elect one representative. The County of Greene 
shall elect one representative. The County of Garland shall 
elect one representative. The County of Hempstead shall 
elect two representatives. The County of Hot Spring shall 
elect one representative. The County of Howard shall elect 
one representative. The County of Independence shall elect 
two representatives. The County of Izard shall elect one rep- 
resentative. The County of Jackson shall elect one repre- 
sentative. The County of Jefferson shall elect three repre- 
sentatives. The County of Johnson shall elect one represen- 
tative. The County of Lafayette shall elect one representative. 
The County of Lawrence shall elect one representative. The 
County of Little River shall elect one representative. The 
County of Lonoke shall elect two representatives. The County 
of Lincoln shall elect one representative. The County of Lee 
shall elect two representatives. The County of Madison shall 
elect one representative. The County of Marion shall elect one 
representative. The County of Monroe shall elect one repre- 
sentative. The County of Montgomery shall elect one repre- 
sentative. The County of Mississippi shall elect one repre- 
sentative. The County of Nevada shall elect one representa- 
tive. The County of Newton shall elect one representative. 
The County of Ouachita shall elect two representatives. The 
County of Perry shall elect one representative. The County 
of Phillips shall elect three representatives. The County of 
Pike shall elect one representative. The County of Polk shall 
elect one representative. The County of Poinsett shall 
elect one representative. The County of Pulaski shall elect 
four representatives. The County of Prairie shall elect one 
representative. The County of Randolph shall elect one repre- 
sentative. The County of Saline shall elect one represen- 
tative. The County of Sarber shall elect one representative. The 
County of Scott shall elect one representative. The County of 
Searcy shall elect one representative. The County of Sevier 
shall elect one representative. The County of St. Francis 


Constitution of the State of Arkansas 33 


shall elect one representative. The County of Stone shall elect 
one representative. The County of Union shall elect two rep- 
resentatives. The County of Van Buren shall elect one repre- 
sentative. The County of Washington shall elect three repre- 
sentatives. The County of White shall elect two representatives. 
The County of Woodruff shall elect one representative. The 
County of Yell shall elect one representative. The County of 
Sharp shall elect one representative. 


Sec. 2. The legislature shall from time to time divide the 
State into convenient senatorial districts in such manner that 
the Senate shall be based upon the adult male inhabitants of the 
State, each senator representing an equal number as nearly as 
practicable, and until the numeration of the inhabitants is 
taken by the United States government, A. D. 1880, the districts 
shall be arranged as follows: 


The Counties of Green, Craighead and Clayton shall com- 
pose the First District and elect one senator. 


The Counties of Randolph, Lawrence and Sharp shall com- 
pose the Second District and elect one senator. 


The Counties of Carroll, Boone and Newton shall com- 
pose the Third District and elect one senator. 


The Counties of Johnson and Pope shall compose the 
Fourth District and elect one senator. 


The County of Washington shall compose the Fifth Dis- 
trict and elect one senator. 


The Counties of Independence and Stone shall compose 
the Sixth District and elect one senator. 


The Counties of Woodruff, St. Francis, Cross and Critten- 
den shall compose the Seventh District and elect one senator. 


The Counties of Yell and Sarber shall compose the Eighth 
District and elect one senator. 


The Counties of Saline, Garland, Hot Spring and Grant 
shall compose the Ninth District and elect one senator. 


The Counties of Pulaski and Perry shall compose the 
Tenth District and elect two senators. 


The County of Jefferson shall compose the Eleventh Dis- 
trict and elect one senator. 


The Counties of Lonoke and Prairie shall compose the 
Twelfth District and elect one senator. 

The Counties of Arkansas and Monroe shall compose the 
Thirteenth District and elect one senator. 


34 Constitution of the State of Arkansas 


The Counties of Phillips and Lee shall compose the Four- 
teenth District and elect one senator. 


The Counties of Desha and Chicot shall compose the 
Fifteenth District and elect one senator. 


The Counties of Lincoln, Dorsey and Dallas shall compose 
the Sixteenth District and elect one senator. 


The Counties of Drew and Ashley shall compose the Sev- 
enteenth District and elect one senator. 


The Counties of Bradley and Union shall compose the 
Eighteenth District and elect one senator. 


The Counties of Calhoun and Ouachita shall compose the 
Nineteenth District and elect one senator. 


The Counties of Hempstead and Nevada shall compose 
the Twentieth District and elect one senator. 


The Counties of Columbia and Lafayette shall compose 
the Twenty-first District and elect one senator. 


The Counties of Little River, Sevier, Howard and Polk 
shall compose the Twenty-second District and elect one sena- 
tor. 

The Counties of Fulton, Izard, Marion and Baxter shall 
compose the Twenty-third District and elect one senator. 


The Counties of Benton and Madison shall compose the 
Twenty-fourth District and elect one senator. 


The Counties of Crawford and Franklin shall compose the 
Twenty-fifth District and elect one senator. 


The Counties of Van Buren, Conway and Searcy shall 
compose the Twenty-sixth District and elect one senator. 


The Counties of White and Faulkner shall compose the 
Twenty-seventh District and elect one senator. 


The Counties of Sebastian and Scott shall compose the 
Twenty-eighth District and elect one senator. 

The Counties of Poinsett, Jackson and Mississippi shall 
compose the Twenty-ninth District and elect one senator. 


The Counties of Clark, Pike and Montgomery shall com- 
pose the Thirtieth District and elect one senator. 


And the Senate shall never consist of less than thirty nor 
more than thirty-five members. 

Sec. 3. Senatorial districts shall at all times consist of con- 
tiguous territory, and no county shall be divided in the forma- 
tion of a senatorial district. 


Constitution of the State of Arkansas 35 


Sec. 4. The division of the State into senatorial districts 
and the apportionment of representatives to the several coun- 
ties shall be made by the General Assembly at the first regular 
session after each enumeration of the inhabitants of the State 
by the Federal or State government shall have been ascertain- 
ed, and at no other time. 


ARTICLE IX, 
EXEMPTION. 


Section 1. The personal property of any resident of this 
State who is not married or the head of a family, in specific 
articles to be selected by such resident, not exceeding in value 
the sum of two hundred dollars in addition to his or her wear- 
ing apparel, shall be exempt from seizure or attachment, or 
sale on execution, or other process from any court issued for 
the collection of any debt by contract; provided, that no prop- 
erty shall be exempt from execution for debts contracted for 
the purchase money therefor while in the hands of the vendee. 


Sec. 2. The personal property of any resident of this 
State who is married or the head of a family, in specific 
articles to be selected by such resident, not exceeding in value 
the sum of five hundred dollars in addition to his or her wear- 
ing apparel, and that of his or her family, shall be exempt 
from seizure or attachment, or sale on execution, or other 
process from any court on debt by contract. 


Sec. 3. The homestead of any resident of this State who 
is married or the head of a family shall not be subject to 
the lien of any judgment, or decree of any court, or to sale un- 
der execution or other process thereon, except such as may be 
rendered for the purchase money or for specific liens, laborers, 
or mechanics’ liens for improving the same, or for taxes, or 
against executors, administrators, guardians, receivers, attor- 
ney for moneys collected by them and other trustees of an 
express trust for monies due from them in their fidicuary 
capacity. 


Sec. 4. The homestead outside any city, town or village 
owned and occupied as a residence, shall consist of not ex- 
ceeding one hundred and sixty acres of land, with the im- 
provements thereon, to be selected by the owner, provided the 
same shall not exceed in value the sum of twenty-five hun- 
dred dollars, and in no event shall the homestead be reduced 
to less than eighty acres, without regard to value. 


Sec. 5. The homestead in any city, town or village, owned 
and occupied as a residence, shall consist of not exceeding one 


36 Constitution of the State of Arkansas 


acre of land with the improvements thereon, to be selected by 
the owner, provided the same shall not exceed in value the 
sum of two thousand five hundred dollars, and in no event 
shall such homestead be reduced to less than one-quarter of 
an acre of land, without regard to value. 


Sec. 6. If the owner of a homestead die, leaving a widow, 
but no children, and said widow has no separate homestead 
in her own right, the same shall be exempt and the rents and 
profits thereof shall vest in her during her natural life, pro- 
vided that if the owner leaves children, one or more, said 
child or children shall share with said widow and be entitled 
to half the rents and profits till each of them arrives at twenty- 
one years of age—each child’s right to cease at twenty-one 
years of age—and the shares to go to the younger children, 
and then all go to the widow, and provided that said widow 
or children may reside on the homestead or not; and in case 
of the death of the widow all of said homestead shall be vested 
in the minor children of the testor or intestate. 


Sec. 7. The real and personal property of any femme 
couverte in this State acquired either before or after marriage, 
whether by gift, grant, inheritance, devise or otherwise, shall 
so long as she may choose, be and remain her separate estate 
and property and may be devised, bequeathed or conveyed 
by her the same as if she were a femme sole, and the same 
shall not be subject to the debts of her husband. 


Sec. 8. The General Assembly shall provide for the mode 
of scheduling the separate personal property of married wo- 
men. 


Sec. 9. The exemptions contained in the Constitution of 
1868 shall apply to all debts contracted since the adoption 
thereof and prior to the adoption of this Constitution. 


Sec. 10. The homestead provided for in this article shall 
inure to the benefit of the minor children, under the exemp- 
tions herein provided, after the decease of the parents. 


ARTICLE X. 
AGRICULTURE, MINING AND MANUFACTURE, 


Section 1. The General Assembly shall pass such laws as 
will foster and aid the agriculture, mining and manufacturing 
interests of the State, and may create a bureau to be known as 
the Mining, Manufacturing and Agricultural Bureau. 

Sec. 2. The General Assembly, when deemed expedient, 
may create the office of State Geologist, to be appointed by the 


Constitulion of the State of Arkansas 37 


Governor, by and with the advise and consent of the Senate, 
who shall hold his office for such time and perform such 
duties and receive such compensation as may be prescribed by 
law. Provided, that he shall be at all times subject to removal 
by the Governor for incompetency or gross neglect of duty. 


Sec. 3. The General Assembly may, by general law, ex- 
empt from taxation for the term of seven years from the rati- 
fication of this Constitution the capital invested in any or all 
kinds of mining and manufacturing business in ths State, under 
such regulations and restrictions as may be prescribed by law. 


ARTICLE XI. 
MILITIA. 


Section 1. The militia shall consist of all able-bodied male 
persons, residents of the State, between the ages of eighteen 
and forty-five years, except such as may be exempted by the 
laws of the United States or this State, and shall be organized, 
officered, armed and equipped and trained in such manner 
as may be provided by law. 


Sec. 2. Volunteer companies of infantry, cavalry or artil- 
lery may be formed in such manner and with such restrictions 
as may be provided by law. 


Sec. 3. The volunteer and militia forces shall in all cases 
(except treason, felony and breach of the peace) be privileged 
from arrest during their attendance at muster and the election 
of officers, and in going to and returning from the same. 


Sec. 4. The Governor shall, when the General Assembly 
is not in session, have power to call out the volunteers or 
militia, or both, to execute the laws, repel invasion, repress 
insurrection and preserve the public peace in such manner 
as may be authorized by law. 


ARTICLE XII. 
MUNICIPAL AND PRIVATE CORPORATIONS. 


Section 1. All existing charters or grants of special or 
exclusive privileges under which a bona fide organization 
shall not have taken place and business been commenced in 
good faith at the time of the adoption of this Constitution shall 
thereafter have no validity. 


Sec. 2. The General Assembly shall pass no special act 
conferring corporate powers, except for charitable, educa. 


38 Constitution of the State of Arkansas 


tional, penal or reformatory purposes, where the corporations 
created are to be and remain under the patronage and control 
of the State. 

Sec. 3. The General Assembly shall provide, by general 
laws, for the organization of cities (which may be classified) 
and incorporated towns, and restrict their power of taxation, 
assessment, borrowing money and contracting debts, so as to 
prevent the abuse of such power. 

Sec. 4. No municipal corporation shall be authorized to 
pass any laws contrary to the general laws of the State; nor 
levy any tax on real or personal property to a greater extent, 
in one year, than five mills on the dollar of the assessed value 
of the same. Provided, that, to pay indebtedness existing at 
the time of the adoption of this Constitution, an additional tax 
of not more than five mills on the dollar may be levied. (10) 


Sec. 5. No county, city, town or other municipal corpora- 
tion shall become a stockholder in any company, association 
or corporation, or obtain or appropriate money for, or loan its 
credit to, any corporation, association, institution or individual. 


Sec. 6. Corporations may be formed under general laws, 
which laws may, from time to time, be altered or repealed. The 
General Assembly shall have the power to alter, revoke or an- 
nul any charter of incorporation now existing and revokable 
at the adoption of this Constitution, or any that may hereafter 
be created, whenever, in their opinion, it may be injurious to 
the citizens of this State, in such manner, however, that no in- 
justice shall be done to the corporators. 


Sec. 7. Except as herein provided, the State shall never 
become a stockholder in, or subscribe to, or be interested in, 
the stock of any corporation or association. 


Sec. 8. No private corporation shall issue stocks or bonds, 
except for money or property actually received or labor done, 
and all fictitious increase of stock or indebtedness shall be 
void; nor shall the stock or bonded indebtedness of any pri- 
vate corporation be increased, except in pursuance of general 
laws, nor until the consent of the persons holding the larger 
amount in value of stock shall be obtained at a meeting held 
after notice given for a period not less than sixty days, in pur- 
suance of law. 

Sec. 9. No property, nor right of way, shall be appro- 
priated to the use of any corporation until full compensation 


(10) Amendment No. 10, authorizing Bond Issue for payment of 
outstanding indebtedness, adopted at General Mlection, 1924. See amend- 
ment. 


Constitution of the State of Arkansas 39 


therefor shall be first made to the owner, in money, or first 
secured to him by a deposit of money which compensation, 
irrespective of any benefit from any improvement proposed 
by such corporation, shall be ascertained by a jury of twelve 
men, in a court of competent jurisdiction, as shall be prescribed 
by law. 


Sec. 10. No act of the General Assembly shall be passed 
authorizing the issue of bills, notes or other paper which may 
circulate as money. 


Sec. 11. Foreign corporations may be authorized to do 
business in this State under such limitations and restrictions 
as may be prescribed by law. Provided, that no such corpora- 
tion shall do any business in this State except while it main- 
tains therein one or more known places of business and an 
authorized agent or agents in the same upon whom process 
may be served; and, as to contracts made or business done in 
this State, they shall be subject to the same regulations, limita- 
tions and liabilities as like corporations of this State, and shall 
exercise no other or greater powers, privileges or franchises 
than may be exercised by like corporations of this State, nor 
shall they have power to condemn or appropriate private 
property. 


Sec. 12. Except as herein otherwise provided, the State 
shall never assume or pay the debt or liability of any county, 
town, city or other corporation whatsoever, or any part there- 
of, unless such debt or liability shall have been created to re- 
pel invasion, suppress insurrection or to provide for the public 
welfare and defense. Nor shall the indebtedness of any cor- 
poration to the State ever be released or in any manner dis- 
charged save by payment into the public treasury. 


ARTICLE XIII. 
COUNTIES, COUNTY SEATS AND COUNTY LINES. 


Section 1. No county now established shall be reduced to 
an area of less than six hundred square miles nor less than 
five thousand inhabitants; nor shall any new county be estab- 
lished with less than six hundred square miles and five thou- 
sand inhabitants. Provided, that this section shall not apply 
to the Counties of Lafayette, Pope and Johnson, nor be so con- 
strued as to prevent the General Assembly from changing the 
line between the Counties of Pope and Johnson. 


Sec. 2. No part of a county shall be taken off to form a 
new county or a part thereof without the consent of a majority 
of the voters in such part proposed to be taken off. 


4() Constitution of the State of Arkansas 


Sec. 3. No county seat shall be established or changed 
without the consent of a majority of the qualified voters of the 
county to be affected by such change, nor until the place at 
which it is proposed to establish or change such county seat 
shall be fully designated. Provided, that in formation of 
counties the county seat may be located temporarily by pro- 
vision of law. 


Sec. 4. In the formation of new counties no line thereof 
shall run within ten miles of the county seat of the county 
proposed to be divided, except the county seat of Lafayette 
county. 


Sec. 5. Sebastian County may have two districts and two 
county seats, at which county, probate and circuit courts shall 
be held, as may be provided by law, each district paying its 
own expenses. 


ARTICLE XIV. 
EDUCATION. 


Section 1. Intelligence and virtue being the safeguards of 
liberty and bulwark of a free and good government, the 
State shall ever maintain a general, suitable and efficient sys- 
tem of free schools, whereby all persons in the State between 
the ages of six and twenty-one years may receive gratuitious 
instruction. 


Sec. 2. No money or property belonging to the public 
school fund, or to this State for the benefit of schools or uni- 
versities, shall ever be used for any other than for the respect- 
ive purposes to which it belongs. 


Sec. 3. The General Assembly shall provide by general 
laws for the support of common schools by taxes, which shall 
never exceed in any one year two mills on the dollar on the 
taxable property of the State, and by annual percapita tax of 
one dollar, to be assessed on every male inhabitant of this 
State over the age of twenty-one years. Provided, the General 
Assembly may by general law authorize school districts to levy 
by a vote of the qualified electors of such district a tax not to 
exceed five mills on the dollar in any one year for school pur- 
poses. Provided, further, that no such tax shall be appro- 
priated to any other purpose nor to any other district than 
that for which it was levied. (1) 


~ 


Amendment No. 11, adopted October 5, 1926, authorizes School Dis- 
tricts to increase levy to 18 mills. 


Constitution of the State of Arkansas 41 


Sec. 4. The supervision of public schools and the execu- 
tion of the laws regulating the same shall be vested in and 
confided to such oflicers as may be provided for by the Gen- 
eral Assembly. 


ARTICLE XV. 
IMPEACHMENT AND ADDRESS, 


Section 1. The Governor and all State officers, judges of 
the supreme and circuit courts, chancellors and prosecuting 
attorneys shall be liable to impeachment for high crimes and 
misdemeanors and gross misconduct in office, but the judg- 
ment shall go no further than removal from office and disquali- 
fication to hold any office of honor, trust or profit under this 
State. An impeachment, whether successful or not, shall be no 
bar to an indictment. 


Sec. 2. The House of Representatives shall have sole 
power of impeachment. All impeachments shall be tried by the 
Senate. When sitting for that purpose the senators shall be 
upon oath or affirmation; no person shall be convicted with- 
out the concurrence of two-thirds of the members thereof. 
The Chief Justice shall preside unless he is impeached or oth- 
erwise disqualified, when the Senate shall select a presiding 
officer. 


Sec. 3. The Governor, upon the joint address of two- 
thirds of the members elected to each house of the General 
Assembly, for good cause, may remove the Auditor, Treasurer, 
Secretary of State, Attorney General, judges of the Supreme 
and Circuit Courts, Chancellors and Prosecuting Attorneys. 


ARTICLE XVI. 
FINANCE AND TAXATION, 


Section 1. Neither the State nor any city, county, town or 
other municipality in this State shall ever loan its credit for 
any purpose whatever; nor shall any county, city, town or 
municipality ever issue any interest-bearing evidences of in- 
debtedness, except such bonds as may be authorized by law to 
provide for and secure the payment of the present existing 
indebtedness, and the State shall never issue any interest- 
bearing treasury warrants or scrip. (3) 


Sec. 2. The General Assembly shall, from time to time, 
provide for the payment of all just and legal debts of the State. 


(138) Superceded by Amendment No. 13, adopted at General Election, 
®ctober 5, 1926. 


42 Constitution of the State of Arkansas 


Sec. 3. The making of profit out of public moneys, or 
using the same for any purpose not authorized by law, by any 
officer of the State or member or officer of the General As- 
sembly, shall be punishable as may be provided by law; but 
part of such punishment shall be disqualification to hold of- 
fice in this State for a period of five years. 


Sec. 4... The General Assembly shall fix the salaries and 
fees of all officers in the State, and no greater salary or fee 
than that fixed by law shall be paid to any officer, employe 
or other person, or at any rate other than par value; and the 
number and salaries of the clerks and employes of the different 
departments of the State shall be fixed by law. 


Sec. 5. All property subject to taxation shall be taxed ac- 
cording to its value, that value to be ascertained in such man- 
ner as the General Assembly shall direct, making the same 
equal and uniform throughout the State. No one species of 
property from which a tax may be collected shall be taxed 
higher than another species of property of equal value, pro- 
vided the General Assembly shall have power from time to time 
to tax hawkers, peddlers, ferries, exhibitions and privileges in 
such manner as may be deemed proper. Provided, further, that 
the following property shall be exempt from taxation: Public 
property used exclusively for public purposes; churches used 
as such; cemeteries used exclusively as such; school buildings 
and apparatus; libraries and grounds used exclusively for 
school purposes, and buildings and grounds and materials used 
exclusively for public charity. 


Sec. 6. All laws exempting property from taxation other 
than as provided in this Constitution shall be void. (2) 


Sec. 7. The power to tax corporations and corporate prop- 
erty shall not be surrendered or suspended by any contract or 
grant to which the State may be a party. 


Sec. 8. The General Assembly shall not have power to levy 
State taxes for any one year to exceed in the aggregate one 
per cent of the assessed valuation of the property of the State 
for that year. 


Sec. 9. No county shall levy a tax to exceed one-half of 
one per cent for all purposes, but may levy an additional one- 
half of one per cent to pay indebtedness existing at the time of 
the ratification of this Constitution, (3) 


(12) Amendment No. 12, exempts cotton mills from taxation for a 
period of seven years. 
(3) See Amendment No. 3, authorizing three-mill county road tax. 


Constitution of the State of Arkansas 43 


Sec. 10. The taxes of counties, towns and cities shall only 
be payable in lawful currency of the United States, or the or- 
ders or warrants of said counties, towns and cities respectively. 


Sec. 11. No tax shall be levied except in pursuance of 
law, and every law imposing a tax shall state distinctly the 
object of the same; and no moneys arising from a tax levied 
for one purpose shall be used for any other purpose. 


Sec. 12. No money shall be paid out of the treasury until 
the same shall have been appropriated by law, and then only 
in accordance with said appropriation. 


Sec. 13. Any citizen of any county, city or town may in- 
stitute suit in behalf of himself and all others interested, to pro- 
tect the inhabitants thereof against the enforcement of any il- 
legal exactions whatever. 


ARTICLE XVII. 


RAILROADS, CANALS AND TURNPIKES. 


Section 1. All railroads, canals and turnpikes shall be 
public highways, and all railroads and canal companies shall 
be common carriers. Any association or corporation organized 
for the purpose shall have the right to construct and operate a 
railroad between any points within this State, and to connect 
at the State line, with railroads of other States. Every rail- 
road company shall have the right with its road to intersect, 
connect with or cross any other road, and shall receive and 
transport each the other’s passengers, tonnage and cars, loaded 
or empty, without delay or discrimination. 


Sec. 2. Every railroad, canal or turnpike corporation op- 
erated or partly operated in this State shall maintain one of- 
fice therein, where transfers of its stock shall be made and 
where its books shall be kept for inspection by any stockhold- 
er or creditor of such corporation, in which shall be recorded 
the amount of capital stock subscribed or paid in, and the 
amounts owned by them respectively, the transfer of said 
stock and the names and places of residence of the officers. 


Sec. 3. All individuals, associations and corporations shall 
have equal rights to have persons and property transported 
over railroads, canals and turnpikes, and no undue or un- 
reasonable discrimination shall be made in charges for, or in 
facilities for transportation of freight or passengers, within the 
State, or coming from or going to any other State. Persons and 


44 Constitution of the State of Arkansas 


property transported over any railroad shall be delivered at 
any station at charges not exceeding the charges for transpor- 
tation of persons and property of the same class in the same 
direction to any other distant station; but excursion and com- 
mutation tickets may be issued at special rates. 


Sec. 4. No railroad, canal or other corporation, or the 
lessees, purchaser or managers of any railroad, canal or cor- 
poration, shall consolidate the stock, property or franchise of 
such corporation with, or lease or purchase the works or fran- 
chise of, or in any way control any other railroad or canal 
corporation owning or having under its control a_ parallel 
or competing line, nor shall any officer of such railroad or 
canal corporation act as an officer of any other railroad or 
canal corporation owning or having control of a parallel or 
competing line; and the question whether railroads or canals 
are parallel or competing lines, shall, when demanded by the 
party complainant, be decided by a jury as in other civil issues. 


Sec. 5. No president, director, officer, agent or employe 
of any railroad or canal company shall be interested directly 
or indirectly, in furnishing of materials or supplies to such 
company or in the business of transporation as a common Car- 
rier of freight or passengers over the works owned, leased, con- 
trolled or worked by such company; nor in any arrangement 
which shall afford more advantageous terms or greater facili- 
ties than are offered or accorded to the public. And all con- 
tracts and arrangements in violation of this section shall be 
void. 


Sec. 6. No discrimination in charges or facilities for trans- 
portation shall be made between transportation companies 
and individuals or in favor of either by abatement, drawback 
or otherwise, and no railroad or canal company or any lessee, 
manager or employe thereof shall make any preference in fur- 
nishing cars or motive power. 


Sec. 7. The General Assembly shall prevent by law the 
granting of free passes by any railroad or transportation com- 
pany to any officer of this State, legislative, executive or judi- 
cial. 


Sec. 8. The General Assembly shall not remit the forfei- 
ture of the charter of any corporation now existing, or alter 
or amend the same or pass any general or special law for the 
benefit of such corporation, except on condition that such 
corporation shall thereafter hold its charter subject to the pro- 
visions of this Constitution. 


Constitution of the State of Arkansas 4D 


Sec. 9. The exercise of the right of eminent domain shall 
never be abridged or so construed as to prevent the General 
Assembly from taking the property and franchise of incorpor- 
ated companies and subjecting them to public use the same as 
the property of individuals. 


Sec. 10. The General Assembly shall pass laws to correct 
abuses and prevent unjust discrimination and excessive charges 
by railroad, canal and turnpike companies for transporting 
freight and passengers, and shall provide for enforcing such 
laws by adequate penalties and forfeitures. (2) 


Sec. 11. The rolling stock and all other movable property 
belonging to any railroad company or corporation in this State 
shall be considered personal property, and shall be liable to 
execution and sale in the same manner as the personal prop- 
erty of individuals, and the General Assembly shall pass no law 
exempting any such property from execution and sale. 


Sec. 12. All railroads which are now or may be hereafter 
built and operated, either in whole or in part, in this State shall 
be responsible for all damages to persons and property, under 
such regulations as may be prescribed by the General As- 
sembly. 

Sec. 13. The directors of every railroad corporation shall 
annually make a report under oath to the Auditor of Public 
Accounts of all their acts and doings, which report shall in- 
clude such matters relating to railroads as may be prescribed 
by law, and the General Assembly shall pass laws enforcing by 
suitable penalties the provisions of this section. 


ARTICLE XVIII. 

JUDICIAL CIRCUIT:. 
Until otherwise provided by the General Assembly the 
judicial circuits shall be composed of the following counties: 


First—Phillips, Lee, St. Francis, Prairie, Woodruff, White 
and Monroe. 


Second—Mississippi, Crittenden, Cross, Poinsett, Craig- 
head, Greene, Clayton and Randolph. 


Third-—Jackson, Independence, Lawrence, Sharp, Fulton, 
Izard, Stone and Baxter. 


(2) See Amendment No, 2 


46 Constilution of the State of Arkansas 


Fourth—Marion, Boone, Searcy, Newton, Madison, Carroll, 
Benton and Washington. 


Fifth—Pope, Johnson, Franklin, Crawford, Sebastian, Sar- 
ber and Yell. 


Sixth—Lonoke, Pulaski, Van Buren and Faulkner. 
Seventh—Grant, Hot Spring, Garland, Perry, Saline and 
Conway. 


Eighth—Scott, Montgomery, Polk, Howard, Sevier, Little 
River, Pike and Clark. 


Ninth—Hempstead, Lafayette, Nevada, Columbia, Union, 
Ouachita and Calhoun. 


Tenth—Chicot, Drew, Ashley, Bradley, Dorsey and Dallas. 


Eleventh—Desha, Arkansas, Lincoln and Jefferson. 


Until otherwise provided by the General Assembly, the 
circuit courts shall be begun and held in the several counties 
as follows: 


FIRST CIRCUIT. 


White—First Monday in February and August. Wood- 
ruff—Third Monday in February and August. Prairie—Sec- 
ond Monday after the third Monday in February and August. 
Monroe—Sixth Monday after the third Monday in February 
and August. St. Francis—-Eighth Monday after third Mon- 
day in February and August. Lee—Tenth Monday after the 
third Monday in February and August. Phillips—Twelfth 


Monday after the third Monday in February and August. 


SECOND CIRCUIT. 


Mississippi—First Monday in March and September. Crit- 
tenden—Second Monday in March and September. Cross— 
Second Monday after the second Monday in March and Sep- 
tember. Poinsett—-Third Monday after the second Monday in 
March and September. Craighead—Fourth Monday after the 
second Monday in March and September. Greene—Sixth 
Monday after the second Monday in March and September. 
Clayton—Seventh Monday after the second Monday in March 
and September. Randolph——Ninth Monday after the second 
Monday in March and September. 


Constitution of the State of Arkansas 47 


THIRD CIRCUIT, 


Jackson—First Monday in March and September. Law- 
rence—Fourth Monday in March and September. Sharp—Sec- 
ond Monday after the fourth Monday in March and September. 
Fulton—Fourth Monday after the fourth Monday in March and 
September. Baxter—Sixth Monday after the fourth Monday in 
March and September. Izard——-Seventh Monday after the fourth 
Monday in March and September. Stone—Ninth Monday after 
the fourth Monday in March and September. Independence— 
Tenth Monday after the fourth Monday in March and Septem- 
ber. 


FOURTH CIRCUIT. 


Marion—Second Monday in February and August. Boone 
—-Third Monday.in February and August. Searcy—Second 
Monday after the third Monday in February and August. New- 
ton—Third Monday after the third Monday in February and 
August. Carroll—-Fourth Monday after the third Monday in 
February and August. Madison—Fifth Monday after the third 
Monday in February and August. Benton—Sixth Monday af- 
ter third Monday in February and August. Washington— 
Eighth Monday after the third Monday in February and August. 


BIBLE? CIRGCULT. 


Greenwood District, Sebastian County—Third Monday in 
February and August. Fort Smith District, Sebastian County— 
First Monday after the fourth Monday in February and August. 
Crawford—Fourth Monday after the fourth Monday in Febru- 
ary and August. Franklin—Sixth Monday after the fourth 
Monday in February and August. Sarber—Eighth Monday af- 
ter the fourth Monday in February and August. Yell—Tenth 
Monday after the fourth Monday in February and August. Pope 
—Twelfth Monday after the fourth Monday in February and 
August. Johnson—Fourteenth Monday after the fourth Monday 
in February and August. 


SIXTH CIRCUIT 


In the County of Pulaski on the First Monday in Febru- 
ary, and continue twelve weeks, if the business of said court 
require it. In the County of Lonoke on the first Monday suc- 
ceeding the Pulaski court and continue two weeks if the busi- 
ness of said court require it. In the County of Faulkner on the 
first Monday after the Lonoke court, and continue two weeks 


48 Constitution of the State of Arkansas 


if the business of said court require it. In the County of Van 
Buren on the first Monday after the Faulkner court, and con- 
tinue two weeks if the business of said court require it. 


FALL TERM, SIXTH CIRCUIT. 


In the County of Pulaski on the first Monday in October, 
and continue seven weeks if the business of said court require 
it. In the County of Lonoke on the first Monday next after the 
Pulaski court, and continue two weeks if the business of said 
court require it. In the County of Faulkner on the first Mon- 
day after the Lonoke court, and continue one week if the busi- 
ness of said court require it. In the County of Van Buren on 
the first Monday after the Faulkner court, and continue one 
week if the business of said court require it. 


SEVENTH CIRCUIT. 


Hot Spring—Second Monday in March and September. 
Grant—Third Monday in March and September. Saline— 
Fourth Monday in March and September. Conway—Second 
Monday after the fourth Monday in March and September. 
Perry—Fourth Monday after the fourth Monday in March and 
September. Garland—Fifth Monday after the fourth Monday 
in March and September. 


EIGHTH CIRCUIT, 


Montgomery—First Monday in February and August. 
Scott—First Monday after the first Monday in February and 
August. Polk—Second Monday after the first Monday in Feb- 
ruary and August. Sevier—Third Monday after the first Mon- 
day in February and August. Little River-—Fifth Monday af- 
ter the first Monday in February and August. Howard—Sev- 
enth Monday after the first Monday in February and August. 
Pike—Eighth Monday after the first Monday in February and 
August. Clark—Ninth Monday after the first Monday in Feb- 
ruary and August. 


NINTH CIRCUIT. 


Calhoun—First Monday in March and September. Union 
Second Monday after the first Monday in March and Septem- 
ber. Columbia—Fourth Monday after the first Monday in 
March and September. Lafayette—-Sixth Monday after the first 
Monday in March and September. Hempstead—Eighth Mon- 
day after the first Monday in March and September. Nevada 


Constitution of the State of Arkansas 49 


—Eleventh Monday after the first Monday in March and Sep- 
tember. Ouachita—Thirteenth Monday after the first Monday 
in March and September. 


DENTE CIRCUIT, 


Dorsey—-Third Monday in February and August. Dallas— 
First Monday in March and September. Bradley——Second Mon- 
day in March and September. Ashley—Third Monday in March 
and September. Drew—Second Monday after the third Mon- 
day in March and September. Chicot—Fourth Monday after 
the third Monday in March and September. 


ELEVENTH CIRCUIT. 


In the County of Desha on the first Monday in March and 
September. In the county of Arkansas on the fourth Monday 
in March and September. In the County of Lincoln on the 
third Monday after the fourth Monday in March and Septem- 
ber. In the County of Jefferson on the sixth Monday after the 
fourth Monday in March and September. 


ARTICLE XIX. 
MISCELLANEOUS PROVISIONS. 


Section 1. No person who denies the being of a God shall 
hold any office in the civil departments of this State, nor be 
competent to testify as a witness in any court. 


Sec. 2. No person who may hereafter fight a duel, assist 
in the same as second, or send, accept or knowingly carry a 
challenge therefor shall hold office in the State for a period 
of ten years, and may be otherwise punished as the law may 
prescribe. 


Sec. 3. No person shall be elected to or appointed to fill a 
vacancy in any office who does not possess the qualifications 
of an elector. 


Sec. 4. All civil officers for the State at large shall reside 
within the State, and all district, county and township officers 
within their respective district, counties and townships, and 
shall keep their offices at such places therein as are now or 
may hereafter be required by law. 


50 Constitulion of the State of Arkansas 


Section 5. All officers shall continue in office after the ex- 
piration of their official terms until their successors are elected 
and qualified. 


Sec. 6. No person shall hold or perform the duties of 
more than one office in the same department of the govern- 
ment at the same time, except as expressly directed or per- 
mitted by this Constitution. 


Sec. 7. Absence on business of the State, or of the United 
States, or on a visit or on necessary private business, shall not 


cause a forfeiture of residence once obtained. 


Sec. 8. It shall be the duty of the General Assembly to 
regulate by law in what cases and what deductions from the 
salaries of public officers shall be made for neglect of duty 
in their official capacity. 


Sec. 9. The General Assembly shall have no power to 
create any permanent State office not expressly provided for 
by this Constitution. 


Sec. 10. Returns for all elections for officers who are to 
be commissioned by the Governor, and for members of the 
General Assembly, except as otherwise provided by this Consti- 
tution, shall be made to the Secretary of State. 


Sec. 11. The Governor, Secretary of State, Auditor, Treas- 
urer, Attorney General, judges of the Supreme Court, judges 
of the circuit court, Commissioners of State Lands and prose- 
cuting attorneys shall each receive a salary, to be established 
by law, which shall not be increased or diminished during 
their respective terms, nor shall any of them, except the prose- 
cuting attorneys, after the adoption of this Constitution, re- 
ceive to his own use any fees, costs, perquisites of office or 
other compensation; and all fees that may hereafter be pay- 
able by law for any service performed by any officer mentioned 
in this section, except prosecuting attorneys, shall be paid in 
advance into the State treasury. Provided, that the salaries of 
the respective officers herein mentioned shall never exceed 
per annum: 

For Governor, the sum of $4,000.00; for Secretary of State, 
the sum of $2,500.00; for Treasurer, the sum of $3,000.00; for 
Auditor, the sum of $3,000.00; for Attorney General, the sum of 
$2,500.00; for Commissioner of State Lands, the sum _ of 
$2,500.00; for judges of the Supreme Court, each the sum of 


Constitution of the State of Arkansas 51 


$4,000.00; for judges of the circuit courts and chancellors, 
each the sum of $3,000.00; for prosecuting attorney, the sum of 
$400.00. 


And provided further, that the General Assembly shall 
provide for no increase of salaries of its members which shall 
take effect before the meeting of the next General Assembly. 


Sec. 12. An accurate and detailed statement of the re- 
ceipts and expenditures of the public money, the several 
amounts paid, to whom and on what account, shall, from time 
to time, be published as may be prescribed by law. 


Sec. 13. All contracts for a greater rate of interest than 
ten per centum per annum shall be void, as to principal and 
interest, and the General Assembly shall prohibit the same by 
law, but when no rate of interest is agreed upon the rate shall 
be six per centum per annum. 


Sec. 14. No lottery shall be authorized by this State, nor 
shall the sale of lottery tickets be allowed. 


Sec. 15. All stationery, printing, paper, fuel, for the use of 
the General Assembly and other departments of government, 
shall be furnished, and the printing, binding and distributing 
of the laws, journals, department reports and all other print- 
ing and binding and the repairing and furnishing the halls 
and rooms used for the meetings of the General Assembly and 
its committees shall be performed under contract to be given 
to the lowest responsible bidder, below such maximum price 
and under such regulations as shall be prescribed by law No 
member or officer of any department of the government shall 
in any way be interested in such contracts, and all such con- 
tracts shall be subject to the approval of the Governor, Auditor 
and Treasurer. 


Sec. 16. All contracts for erecting or repairing public 
buildings or bridges in any county, or for materials therefor, 
or for providing for the care and keeping of paupers where 
there are no alms-houses, shall be given to the lowest responsi- 
ble bidder under such regulations as may be provided by law. 


Sec. 17. The laws of this State, civil and criminal, shall 
be revised, digested, arranged, published and promulgated at 
such times and in such manner as the General Assembly may 
direct. 


Sec. 18. The General Assembly, by suitable enactments, 
shall require such appliances and means to be provided and 


2 Constitution of the State of Arkansas 


used as may be necessary to secure as far as possible the lives, 
health and safety of persons employed in mining and of per- 
sons traveling upon railroads and by other public conveyances, 
and shall provide for enforcing such enactments by adequate 
pains and penalties. 


Sec. 19 It shall be the duty of the General Assembly to 
provide by-law for the support of institutions for the educa- 
tion of the deaf and dumb and of the blind, and also for the 
treatment of the insane. 


Sec. 20. Senators and Representatives and all judicial and 
executive State and County officers, and all other officers, both 
civil and military, before entering on the duties of their re- 
spective offices, shall take and subscribe to the following oath 
or affirmation: “I, ———-, do solemnly swear (or affirm) that I 
will support the Constitution of the United States, and the Con- 
stitution of the State of Arkansas, and that I will faithfully dis- 
charge the duties of the office of ———, upon which I am now 
about to enter.” 


Sec. 21. The sureties upon the official bonds of all State 
officers shall be residents of and have sufficient property with- 
in the State not exempt from sale under execution, attachment 
or other process of any court to make good their bonds; and 
the sureties upon the official bonds of all county officers shall 
reside within the counties where such officers reside, and shall 
have sufficient property therein not exempt from such sale to 
make good their bonds. (4) 


Sec. 22. Either branch of the General Assembly at a regu- 
lar session thereof may propose amendments to this Constitu- 
tion, and, if the same be agreed to by a majority of all the mem- 
bers elected to each house, such proposed amendment shall be 
entered on the journals with the yeas and nays, and published 
in at least one newspaper in each county, where a newspaper 
is published for six months immediately preceding the next 
general election for Senators and Representatives, at which 
time the same shall be submitted to the electors of the State 
for approval or rejection; and if a majority of the electors 
voting at such election adopt such amendments the same shall 
become a part of this constitution; but no more than three 
amendments shall be proposed or submitted at the same time. 
They shall be so submitted as to enable the electors to vote on 
each amendment separately. 


(4) See Amendment No. 4, declared adopted by Speaker of House, 
1901. 


Constitution of the State of Arkansas a3 


Sec. 23. No officer of this State, nor of any county, city 
or town, shall receive, directly or indirectly, for salary, fees 
and perquisites, more than five thousand dollars net profits 
per annum in par funds, and any and all sums in excess of this 
amount shall be paid into the State, county, city or town treas- 
ury, as Shall hereafter be directed by appropriate legislation. 


Sec. 24. The General Assembly shall provide by law the 
mode of contesting elections in cases not specifically provided 
for in this Constitution. 


Sec. 25. The present seal of the State shall be and remain 
the seal of the State of Arkansas until otherwise provided by 
law, and shall be kept and used as provided in this Consti- 
tution. 


Sec. 26. Militia officers, oflicers of the public schools and 
notaries may be elected to fill any executive or judicial office. 


Sec. 27. Nothing in this Constitution shall be so construed 
as to prohibit the General Assembly from authorizing assess- 
ments on real property for the local improvements in towns 
and cities, under such regulations as may be prescribed by 
law, to be based upon the consent of a majority in value of the 
property holders owning property adjoining the locality to be 
affected; but such assessments shall be ad valorem and _ uni- 
form. 


SCHEDULE. 


Section 1. All laws now in force which are not in conflict 
or inconsistent with this Constitution shall continue in force 
until amended or repealed by the General Assembly, and all 
laws exempting property from sale on execution or by decree 
of a court which were in force at the time of the adoption of 
the Constitution of 1868 shall remain in force with regard to 
contracts made before that time. Until otherwise provided by 
law, no distinction shall exist between sealed and unsealed in- 
struments concerning contracts between individuals executed 
since the adoption of the Constitution of 1868; provided, that 
the statutes of limitation with regard to sealed and unsealed 
instruments in force at that time continue to apply to all in- 
struments afterward executed until altered or repealed. 


Sec. 2. In civil actions no witnesses shall be excluded be- 
cause he is a party to the suit or interested in the issue to be 
tried. Provided, that in actions by or against executors, ad- 
ministrators or guardians in which judgment may be rendered 
for or against them, neither party shall be allowed to testify 


54 Constitution of the State of Arkansas 


against the other as to any transactions with or statements of 
the testator, intestate or ward, unless called to testify thereto 
by the opposite party. Provided, further, that this section may 
be amended or repealed by the General Assembly. 


Sec. 3., An election shall be held at the several election 
precincts of every county of the state on Tuesday, the 13th 
day of October, 1874, for Governor, Secretary of State, Auditor, 
Treasurer, Attorney General, Commissioner of State Lands for 
two years, unless the office is sooner abolished by the General 
Assembly, chancellor and clerk of the separate chancery court 
of Pulaski county, Chief Justice and two Associate Justices of 
the Supreme Court, a circuit judge and prosecuting attorney 
for each judicial circuit provided for in this Constitution, 
Senators and Representatves to the General Assembly, all 
county and township officers provided for in this Constitu- 
tion; and also for the submission of this Constitution to the 
qualified electors of the State for its adoption or rejection. 


Sec. 4. The qualification of voters at the election to be 
held as provided in this schedule shall be the same as is now 
prescribed by law. 


. 


Sec. 5. The State Board of Supervisors hereinafter men- 
tioned shall give notice of said election immediately after the 
adoption of this Constitution by this convention by procla- 
mation in at least two newspapers published at Little Rock, 
and such other newspapers as they may select. And each 
county board of supervisors shall give public notice in their 
respective counties of said election immediately after their ap- 
pointment. 


Sec. 6. The Governor shall also issue a proclamation en- 
joining upon all peace officers the duty of preserving good 
order on the day of said election and preventing any disturb- 
ance of the same. 


Sec. 7. Augustus H. Garland, Gordon N. Peay and Dudley 
E. Jones are hereby constituted a State Board of Supervisors 
of said election, who shall take an oath faithfully and impart- 
ially to discharge the duties of their office, a majority of whom 
shall be a quorum, and who shall perform the duties herein as- 
signed them. Should a vacancy occur in said board by re- 
fusal to serve, death, removal, resignation or otherwise, or if 
any member should become incapacitated from performing 
said duties, the remaining members of the board shall fill the 
vacancy by appointment. But, if all the places on said board 
become vacant at the same time, the said vacancies shall be 
filled by the president of this convention. 


Constitution of the State of Arkansas Do 


See. 8 Said State Board shall at once proceed to appoint 
a board of election supervisors for each county of this State, 
consisting of three men of known intelligence and uprightness 
of character, who shall take the same oath as above provided 
for the State Board. A majority of each board shall constitute 
a quorum and shall perform the duties herein assigned to them; 
and vacancies occurring in the county boards shall be filled by 
the State board. 


Sec. 9. The State board shall provide the form of poll 
books, and each county board shall furnish the judges of each 
election precinct with three copies of the poll books in the 
form prescribed and with ballot boxes at the expense of the 
county. 


Sec. 10. The State Board of Supervisors shall cause to be 
furnished in pamphlet form, a sufficient number of copies of 
this Constitution to supply each county supervisor and judge 
of election with a copy, and shall forward the same to the 
county election boards for distribution. 


Sec. 11. The boards of county election supervisors shall 
at once proceed to appoint three judges of election for each 
election precinct in their respective counties, and the judges 
shall appoint three election clerks for their respective pre- 
cincts, all of whom shall be good, competent men, and take an 
oath as prescribed above. Should the judges of any election 
precinct fail to attend at the time and place provided by law, 
or decline to act, the assembled electors shall choose competent 
persons in the manner provided by law to act in their place, 
who shall be sworn as above. 


Sec. 12. Said election shall be conducted in accordance 
with existing laws, except as herein provided. As the elec- 
tors present themselves at the polls to vote the judges of the 
election shall pass upon their qualifications and the clerks of 
the election shall register their names on the poll-books if 
qualified; and such registration by said clerks shall be a suf- 
ficient registration in conformity with the Constitution of this 
State, and then their votes shall be taken. 


Sec. 13. Each elector shall have written or printed on 
his ticket “For Constitution” or “Against Constitution,” and 
also the offices and the names of the candidates for the of- 
fices for whom he desires to vote. 


Sec. 14. The judges shall deposit the tickets in the ballot- 
box; but no elector shall vote outside of the township or ward 
in which he resides. The names of the electors shall be num- 


06 Constitution of the State of Arkansas 


bered and the corresponding numbers shall be placed on the 
ballots by the judges when deposited. 


Sec. 15. Ali dram shops and drinking houses in this State 
shall be closed during the day of said election and the succeed- 
ing night, and-any person selling or giving away intoxicating 
liquors during said day or night shall be punshed by fine not 
less than two hundred dollars for each and every offense, or 
imprisoned not less than six months, or both. 

Sec. 16. The polls shall be opened at 7 o’clock in the fore- 
noon and shall be kept open until sunset. After the polls are 
closed the ballots shall be counted by the judges at the place 
of voting as soon as the polls are closed, unless prevented by 
violence or accident, and the results by them certified on the 
poll-books and the ballots sealed up. They shall be returned 
to the county board of election supervisors, who shall proceed 
to cast up the votes and ascertain and state the number of 
votes cast for the Constitution and the number cast against the 
Constitution, and also the number of votes cast for each candi- 
date voted for for any office, and shall forthwith forward to 
the State Board of Supervisors, duly certified by them, one 
copy of the statement or abstract of the votes so made out by 
them, retain one copy in their possession and file one copy in 
the office of the county clerk, where they shall also deposit 
for safe-keeping the ballots, sealed up, and one copy of the 
poll-books, retaining possession of the other copies. 

Sec. 17. The State Board of Supervisors shall at once pro- 
ceed, on receiving such returns from the county board, to as- 
certain therefrom and state the whole number of votes given 
for the Constitution and the whole number given against it, and 
if a majority of all votes cast be in favor of the Constitution 
they shall at once make public that fact by publication in two 
or more of the leading newspapers published in the City of 
Little Rock, and this Constitution, from that date, shall be in 
force; and they shall also make out and file in the office of 
Secretary of State an abstract of all the votes cast for the Con- 
stitution and all the votes cast against it, and also an abstract 
of all votes cast for every candidate voted for at the election, 
and file the same in the office of the Secretary of State, show- 
ing the candidates elected. They shall also make out and cer- 
tify and lay before each house of the General Assembly a 
list of the members elected to that house, and shall also make 
out, certify and deliver to the Speaker of the House of Repre- 
sentatives an abstract of all votes cast at the election for any 
and all persons for the office of Governor, Secretary of State, 
Treasurer of State, Auditor of State, Attorney General and Com- 


~“l 


Constitution of the State of Arkansas ; 


missioner of State Lands, and the said Speaker shall cast up 
the votes and announce the names of the persons elected to 
these offices. The Governor, Secretary of State, Treasurer of 
State, Auditor of State, Attorney General and Commissioner of 
State Lands chosen at said election shall qualify and enter upon 
the discharge of the duties of their respective offices within 
fifteen days after the announcement of their election as afore- 
said. 


Sec. 18. All officers shown to be elected by the abstract 
of said election filed by the State Board of Supervisors in the 
office of the Secretary of State, required by this Constitution 
to be commissioned, shall be commissioned by the Governor. 


Sec. 19. At said election the qualified voters of each 
county and senatorial district, as defined in Article eight of 
this Constitution, shall elect respectively Representatives and 
Senators according to the numbers and apportionment con- 
tained in said article. The Board of Election Supervisors of 
each county shall furnish certificates of election to the person 
or persons elected to the House of Representatives as soon as 
practicable after the result of the election has been ascertained, 
and such board of election supervisors in each county shall 
make a correct return of the election for senator or senators to 
the board of election supervisors of the county first named in 
the senatorial apportionment, and said board shall furnish 
certificates of election to the person or persons elected as 
Senator or Senators in said senatorial district as soon as prac- 
ticable. 


Sec. 20. All officers elected under this Constitution, except 
the Governor, Secretary of State, Auditor of State, Treasurer, 
Attorney General and Commissioner of State Lands, shall enter 
upon the duties of their several offices when they shall have 
been declared duly elected by said State Board of Supervisors 
and shall have duly qualified. All such officers shall qualify 
and enter upon the duties of their offices within fifteen days 
after they have been duly notified of their election. 


Sec. 21. Upon the qualification of the officers elected at 
said election the present incumbents of the offices for which 
the election is held shall vacate the same and turn over to the 
officers thus elected and qualified all books, papers, records, 
moneys and documents belonging or pertaining to said offices 
by them respectively held. 


Sec. 22. The first session of the General Assembly under 
this Constitution shall commence on the first Tuesday after the 
second Monday in November, 1874. 


58 Constitution of the State of Arkansas 


Sec. 23. The county courts provided for in this Constitu- 
tion shall be regarded in law as a continuation of the boards 
of supervisors now existing by law, and the circuit courts shall 
be regarded in law as continuations of the criminal courts 
wherever the same may have existed in their respective coun- 
ties, and the probate courts shall be regarded as continuations 
of the circuit courts for the business within the jurisdiction of 
such probate courts, and the papers and records pertaining to 
said courts and jurisdictions shall be transferred accordingly; 
and no suit or prosecution of any kind shall abate because of 
any change made in this Constitution. 


Sec. 24. All officers now in office whose offices are not 
abolished by this convention shall continue in office and dis- 
charge the duties imposed on them by law until their succes- 
sors are elected and qualified under this Constitution. The 
office of Commissioner of State Lands shall be continued, pro- 
vided that the General Assembly at its next session may abolish 
or continue the same in such manner as may-be prescribed by 
law. 


Sec. 25. Any election officer appointed under the pro- 
visions of this schedule who shall fraudulently and corruptly 
permit any person to vote illegally, or refuse the vote of any 
qualified elector, cast up or make a false return of said elec- 
tion, shall be deemed guilty of a felony, and on conviction 
thereof shall be imprisoned in the penitentiary not less than 
five years nor more than ten years. And any person who shall 
vote when not a qualified elector, or vote more than once, or 
bribe any one to vote contrary to his wishes, or intimidate or 
prevent any elector by threats, menace or promises from vot- 
ing, shall be guilty of a felony, and upon conviction thereof, 
shall be imprisoned in the penitentiary not less than one nor 
more than five years. 


Sec. 26. All officers elected at the election provided for 
in this schedule shall hold their offices for the respective 
periods provided for in the foregoing Constitution, and until 
their successors are elected and qualiffed. The first general 
elections after the ratification of this Constitution shall be held 
on the first Monday of September, A. D., 1876. Nothing in this 
Constitution and the schedule thereto shall be so construed as 
to prevent the election of congressmen at the time as now pre- 
scribed by law. 


Sec. 27. The sum of five thousand dollars is hereby ap- 
propriated out of any money in the treasury not otherwise ap- 
propriated to defray the expenses of the election provided for 


Constitution of the State of Arkansas 59 


in this schedule and the Auditor of State shall draw his war- 
rant on the Treasurer for such expenses not exceeding said 
amount on the certificate of the State Board of Supervisors of 
Election. 


Sec. 28. For the period of two years from the adoption 
of this Constitution, and until otherwise provided by law, the 
respective officers herein enumerated shall receive for their 
services the following salaries per annum: 


For Governor, the sum of $3,500.00; for Secretary of State, 
the sum of $2,000.00; for Treasurer, the sum of $2,500.00; for 
Auditor, the sum of $2,500.00; for Attorney General, the sum of 
$2,000.00; for Commissioner of State Lands, the sum of §2,- 
000.00; for judges of the Supreme Court, each the sum of $3,- 
500.00; for judges of circuit and chancery courts, each, the sum 
of $2,500.00; for prosecuting attorneys, each, the sum of 
$400.00; for members of the General Assembly, the sum of $6.00 
per day and twenty cents per mile for each mile traveled in 
going to and returning from the seat of government over the 
most direct and practicable route. 


Done in convention at Little Rock, the seventh day of Sep- 
tember, in the year of-our Lord one thousand eight 
hundred and seventy-four, and of the Independence 
of the United States the ninty-ninth. 


In Witness Whereof, we have hereunto subscribed our 
names. 


GRANDISON D. ROYSTON, 
President of the Convention and Delegate from 


the County of Hempstead. 
THOMAS W. NEWTON, Secretary. 


A. M. RODGERS, Delegate from Benton County. 
HORACE H. PATTERSON, Delegate from Benton County. 
W. W. BAILEY, Delegate from Boone County. 

JOHN R. HAMPTON, Delegate from Bradley County. 
JOHN W. CYPERT, Delegate from Baxter County. 
BRADLEY BUNCH, Delegate from Carroll County. 
JESSE A. ROSS, Delegate from Clark County. 

H. F. THOMPSON, Delegate from Crawford County. 

W. D. LEIPER, Delegate from Dallas County. 

WM. J. THOMPSON, Delegate from Woodruff County. 
JAMES A. GIBSON, Delegate from Arkansas County. 
HENRY W. CARTER, Delegate from Pike County. 
DANIEL F. REINHARDT, Delegate from Prairie County. 


60 Constitution of the State of Arkansas 


ELIJAH MOSELEY, Delegate from Ouachita County. 
STEPHEN C. BATES, Delegate from Polk County. 

G. P. SMOOTE, Delegate from Columbia County. 

D. L. KILGORE, Delegate from Columbia County. 
WILLIAM S. HANNA, Delegate from Conway County. 
JOHN S. ANDERSON, Delegate from Craighead County. 
J. G. FRIERSON, Delegate from Cross County. 

E. FOSTER*BROWN, Delegate from Clayton County. 

JAS. P. STANLEY, Delegate from Drew County. 

JOHN NIVEN, Delegate from Dorsey County. 

WILLIAM W. MANSFIELD, Delegate from County of Franklin. 
JOHN DUNAWAY, Delegate from County of Faulkner. 
DAVIDSON D. CUNNINGHAM, Delegate from County of Grant. 
BEN H. CROWLEY, Delegate from County of Greene. 

H. M. RECTOR, Delegate from Garland County. 

JOHN R. EAKIN, Delegate from Hempstead County. 

W. C. KELLY, Delegate from Hot Spring County. 

J. W. BUTLER, Delegate from Independence County. 
JAMES RUTHERFORD, Delegate from Independence County. 
RANSOM GULLEY, Delegate from Izard County. 
FRANKLIN DOSWELL, Delegate from Jackson County. 
JOHN A. WILLIAMS, Delegate from Jefferson County. 
SETH J. HOWELL, Delegate from Johnson County. 
PHILIP K. LESTER, Delegate from Lawrence County. 

J. H. WILLIAMS, Delegate from Little River County. 

J. P. EAGLE, Delegate from Lonoke County. 

REASON G. PUTNEY, Delegate from Lincoln County. 
MONROE ANDERSON, Delegate from Lee County. 

JOHN CARROLL, Delegate from Madison County. 

S. P. HUGHES, Delegate from Monroe County. 

NICHOLAS W. CABLE, Delegate from Montgomery County. 
CHARLES BOWEN, Delegate from Mississippi County. 

R. K. GARLAND, Delegate from Nevada County. 

HENRY G. BUNN, Delegate from Ouachita County. 

W. H. BLACKWELL, Delegate from Perry County. 

JOHN J. HORNER, Delegate from Phillips County. 

JOHN R. HOMER SCOTT, Delegate from the County of Pope. 
JOHN MILLER, Jr., Delegate from the County of Randolph. 
SIDNEY M. BARNES, Delegate from County of Pulaski. 
JABEZ M. SMITH, Delegate from Saline County. 

BEN M. CHISM, Delegate from the County of Sarber. 

J. W. SORRELLS, Delegate from Scott County. 

W. S. LINDSEY, Delegate from Searcy County. 

R. P. PULLIAM, Delegate from Sebastian County. 

W. M. FISHBACK, Delegate from Sebastian County. 

B. H. KINSWORTHY, Delegate from Sevier County. 


Constitution of the State of Arkansas 61 


LEWIS WILLIAMS, Delegate from Sharp County. 

JOHN M. PARROTT, Delegate from Saint Francis County. 
WALTER J. CAGLE, Delegate from Stone County. 
HORATIO G. P. WILLIAMS, Delegate from Union County. 
ROBT. GOODWIN, Delegate from Union County. 

A. R. WITT, Delegate from Van Buren County. 

R. P. POLK, Delegate from Phillips County. 

T. W. THOMASON, Delegate from Washington County. 
BENJAMIN F. WALKER, Delegate from Washington County. 
M. F. LAKE, Delegate from Washington County 

JESSE N. CYPERT, Delegate from White County. 

J. W. HOUSE, Delegate from White County. 

JOSEPH T. HARRISON, Delegate from Yell County. 
MARCUS L. HAWKINS, Delegate from Ashley County. 
EDWIN R. LUCAS, Delegate from Fulton County. 
BENJAMIN W. JOHNSON, Delegate from Calhoun County. 
RODERICK JOYNER, Delegate from Poinsett County. 


62 Constitution of the State of Arkansas 


AMENDMENTS TO CONSTITUTION 


AMENDMENT No. 1. 
(Holford Bonds.) 


Article XX. The General Assembly shall have no power to 
levy any tax, or make any appropriations, to pay either the 
principal or interest, or any part thereof, of any of the follow- 
ing bonds of the State, or the claims, or pretended claims, upon 
which they may be based, to-wit: Bonds issued under an act 
of the General Assembly of the State of Arkansas, entitled “An 
Act to provide for the funding of the public debt of the State,” 
approved April 6th, A. D. 1869, and numbered from four hun- 
dred and ninety-one to eighteen hundred and sixty, inclusive, 
being the “funding bonds,” delivered to F. W. Caper, and some- 
times called “Holford bonds;” or bonds known as railroad aid 
bonds, issued under an act of the General Assembly of the State 
of Arkansas, entitled “An act to aid in the construction of 
railroads,” approved July 21, A. D. 1868;” or bonds called 
“levee bonds,” being bonds issued under an act of the General 
Assembly of the State of Arkansas, entitled ““An act providing 
for the building and repairing the public levees of the State, 
and for other purposes,” approved March 16, A. D. 1869; and 
the supplemental act thereto, approved April 12, 1869; and 
the act entitled “An act to amend an act entitled an act pro- 
viding for the building and repairing of the public levees of 
this State,” approved March 23, A. D. 1871; and any law pro- 
viding for any such tax or appropriation, shall be null and 
void. 

Declared to be adopted by the Speaker of the House on January 14, 


1899. Vote for the amendment being, 63,733; and against the amend- 
ment being, 15,495, 


AMENDMENT No. 2. 
(Regulation of Transportation Rates.) 


That Section 10, of Article 17, of the Constitution of the 
State of Arkansas, be amended so as to read as follows: 


Article XVII, Section 10. The General Assembly shall pass 
laws to correct abuses and prevent unjust discrimination and 
excessive charges by railroads, canals, and turnpike companies 
for transporting freight and passengers, and shall provide for 


Constitution of the State of Arkansas 63 


enforcing such laws by adequate penalties and forfeitures, and 
shall provide for the creation of such offices and commissions 
and vest in them such authority as shall be necessary to carry 
into effect the powers hereby conferred. 

Declared to be adopted by the Speaker of the House on January 13, 
1899. Vote for the amendment being, 63,733 and against the amend- 
ment being 16,940, 


AMENDMENT No. 38. 
(Three-Mill County Road Tax.) 

The county courts of the State in their respective counties, 
together with a majority of the justices of the peace of such 
county, in addition to the amount of county tax allowed to be 
levied, shall have the power to levy not exceeding three mills 
on the dollar on all taxable property of their respective coun- 
ties, which shall be known as the County Road Tax, and when 
collected shall be used in the respective counties for the pur- 
pose of making and repairing public roads and bridges of the 
respective counties and for no other purpose, and shall be col- 
lected in United States currency or county warrants legally 
drawn on such road tax fund, if a majority of the qualified 
electors of such county shall have voted public road tax at the 
general election for State and county officers preceding such 
levy at each election. 


Declared to be adopted by the Speaker of the House on the 13th day 
of January, 1899. Vote for the amendment being 57,209; and against 
the amendment being 24,079. 


AMENDMENT No. 4. 
(Sureties On Official Bonds by Bonding Companies.) 


The sureties upon the oflicial bonds of all State officers 
shall be residents of, and have sufficient property within the 
State, not exempt from sale under execution, attachment or 
other process of any court, to make good their bonds, and the 
sureties upon the official bonds of all county officers shall re- 
side within the counties where such officers reside, and shall 
have sufficient property therein, not exempt from such sale, to 
make good their bonds. Provided, however, that any surety, 
bonding or guaranty company, organized for the purpose of 
doing a surety or bonding business, and authorized to do busi- 
ness in this State, may become surety on the bonds of all State, 
county, and municipal officers under such regulations as may 
be prescribed by law. 

Declared to be adopted by the Speaker of the House on the 17th day 


of January, 1901. Vote for amendment, 65,825; vote against amendment, 
23,032. 


64 Constitution of the State of Arkansas 


AMENDMENT No. 5. 
(Sixty-Day Session of the Legislature.) 


That.Section 16, Article 5, Constitution of the State of 
Arkansas, be amended so as to read as follows: 


Article 5, Section 16. Each member of the General As- 
sembly shail receive six dollars per day for his services dur- 
ing the first sixty days of any regular session of the General As- 
sembly, and if any regular session be extended, such mem- 
ber shall serve without further per diem. Each member of the 
General Assembly shall also receive ten cents per mile for each 
mile traveled in going to and returning from the seat of gov- 
ernment, over the most direct and practicable route. When 
convened in extraordinary session by the Governor, they shall 
each receive three dollars per day for their services during the 
first fifteen days, and if such extraordinary session shall ex- 
tend beyond fifteen days, they shall receive no further per 
diem. They shall be entitled to the same mileage for any 
extraordinary session as herein provided for regular sessions. 
The terms of all members of the General Assembly shall begin 
on the day of their election, and they shall receive no com- 
pensation, perquisite or allowance whatever, except as herein 
provided. 


Declared adopted by the Speaker of the House on February 10, 1913, 
and after attestation and filing was so proclaimed by the Governor. Vote 
for the amendment being 103,246; and the vote against the amendment 


being 33,397. 


AMENDMENT No. 6. 


(Governor and Lieutenant Governor.) 


That Section Number 1 of Article 6 of the Constitution of 
the State of Arkansas be amended so as to read as follows: 


EXECUTIVE DEPARTMENT. 


Section 1. To amend Section 1 of Article 6 of the Consti- 
tution of the State of Arkansas to read as follows: The Execu- 
tive Department of this State shall consist of a Governor, 
Lieutenant Governor, Secretary of State, Treasurer of State, 
Auditor of State, and Attorney General, all of whom shall 
keep their office in person at the seat of government and hold 
their offices for the term of two years and until their succes- 
sors are elected and qualified. And the General Assembly may 


Constitution of the State of Arkansas 65 


provide by law for the establishment of the office of Com- 
missioner of State Lands. 


EXECUTIVE POWER. 


Section 2. The executive power shall be vested in a Gov- 
ernor, who shall hold office for two years; a lieutenant Gov- 
ernor shall be chosen at the same time and for the same term. 
The Governor and Lieutenant Governor elected next preceding 
the time when this section shall take effect shall hold office 
until and including the second Monday of September, and 
their successors shall be chosen at the general election in that 
year. 


ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR, 


Section 3. The Governor and Lieutenant Governor shall 
be elected at the times and places of choosing members of the 
Assembly. The persons respectively having the highest num- 
ber of votes for Governor and Lieutenant Governor shall be 
elected, but in case two or more shall have an equal and the 
highest number of votes for Governor, or for Lieutenant Gov- 
ernor, the two houses of the Legislature, at the next annual 
session shall forthwith, by joint ballot, choose one of the said 
persons so having an equal and the highest number of votes 
for Governor or Lieutenant Governor. 


WHEN LIEUTENANT GOVERNOR TO ACT AS GOVERNOR, 


Section 4. In case of the impeachment of the Governor, 
or his removal from office, death, inability to discharge the 
powers and duties of the said office, resignation or absence 
from the State, the powers and duties of the office, shall de- 
volve upon the Lieutenant Governor for the residue of the term, 
or until the disability shall cease. But when the Governor 
shall, with the consent of the Legislature, be out of the State, 
in time of war, at the head of a military force thereof, he shall 
continue commander-in-chief of all the military forces of the 
State. 


QUALIFICATIONS AND DUTIES OF LIEUTENANT GOVERNOR; 
SUCCESSION TO THE GOVERNORSHIP. 


Section 5. The Lieutenant Governor shall posses the 
same qualifications of eligibility for the office as the Gov- 
ernor. He shall be President of the Senate, but shall have only 
a casting vote therein in case of a tie vote. If during a vacancy 
of the office of Governor, the Lieutenant Governor shall be 
impeached, displaced, resign, die, or become incapable of 


66 Constitution of the State of Arkansas 


performing the duties of his office or be absent from the State, 
the President of the Senate shall act as Governor until the 
vacancy be filled or the disability shall cease; and if the Presi- 
dent of the Senate for any of the above causes shall become 
incapable of performing the duties pertaining to the office of 
Governor, the Speaker of the Assembly shall act as Governor 
until the vacancy be filled or the disability shall cease. 


SALARY OF LIEUTENANT GOVERNOR. 


Section 6. The Lieutenant Governor shall receive for his 
services an annual salary of two thousand dollars, and shall 
not receive or be entitled to any other compensation, fee or 
perquisite, for any duty or service he may be required to per- 
form by the Constitution or by law. 


Section 7. That all laws and parts of laws that are in 
conflict herewith be and the same are hereby repealed, and 
that this act shall be in force and effect from and after the 
second Monday in September, 1915. 


NOTE—Amendment No. 6 was submitted by the Legislature of 1913 
and voted upon at the General Hlection September 14, 1914, with returns 
as follows: For, 46,567; against, 45,206. Not receiving a majority of the 
highest total vote, which was 135,517, the Speaker declared it lost. In 
Brickhouse vs. Hill, 167 Ark., 513, decided Webruary 16, 1925, the Initiative 
and Referendum Amendment of 1910 was declared to have amended this 
majority requirement so as to require only a majority of those voting on 
the question where submitted under the Initiative and Referendum. But 
on the 12th day of April, 1926, in Combs vs. Gray, this amendment was 
declared in force, the court holding that the Initiative and Referendum 
of 1910 made no distinction as to how they were submitted. 


AMENDMENT No. 7. 


(Initiative and Referendum.) 
(Supercedes Initiative and Referendum Amendment of 1910.) 


Section 1. The legislative power of the people of this 
State shall be vested in a General Assembly, which shall con- 
sist of the Senate and House of Representatives, but the people 
reserve to themselves the power to propose legislative meas- 
ures, laws and amendments to the Constitution, and to enact 
or reject the same at the polls independent of the General As- 
sembly; and also reserve the power, at their own option, to 
approve or reject at the polls any entire act or any item of 
an appropriation bill. 

Initiative—The first power reserved by the people is 


the initiative. Eight per cent of the legal voters may propose 
any law and ten per cent may propose a constitutional amend- 


ae | 


Constitution of the State of Arkansas 6 


ment by initiative petition, and every such petition shall in- 
clude the full text of the measure so proposed. Initiative 
petitions for state-wide measures shall be filed with the Sec- 
retary of State not less than four months before the election 
at which they are to be voted upon; provided, that at least 
thirty days before the aforementioned filing, the proposed 
measure shall have been published once, at the expense of the 
petitioners, in some paper of general circulation. 


Referendum.—The second power reserved by the people 
is the referendum, and any number not less than six per cent 
of the legal voters may, by petition, order the referendum 
against any general act, or any item of an appropriation bill, 
or measure passed by the General Assembly, but the filing of 
a referendum petition against one or more items, sections or 
parts of any such act or measure shall not delay the remainder 
from becoming operative. Such petition shall be filed with 
the Secretary of State not later than ninety days after the final 
adjournment of the session at which such act was passed, ex- 
cept when a recess or adjournment shall be taken temporarily 
for a longer period than ninety days, in which case such peti- 
tion shall be filed not later than ninety days after such recess 
or temporary adjournment. Any measure referred to the peo- 
ple by referendum petition shall remain in abeyance until such 
vote is taken. The total number of votes cast for the office of 
Governor in the last preceding general election shall be the 
basis upon which the number of signatures of legal voters 
upon state-wide initiative and referendum petitions shall be 
computed. 


Upon all initiative or referendum petitions provided for 
in any of the sections of this article, it shall be necessary to! 
file, from at least fifteen counties of the State, petitions bear- 
ing the signatures of not less than one-half of the designated 
percentage of the electors of such county. 


Emergency.—lIf it shall be necessary for the preservation 
of the public peace, health and safety that a measure shall be- 
come effective without delay, such necessity shall be stated in 
one section, and if upon a yea and nay vote two-thirds of all 
the members elected to each house, or two-thirds of all the 
members elected to city or town councils, shall vote upon a 
separate roll call in favor of the measure going into immediate 
operation, such emergency measure shall become effective 
without delay. It shall be necessary, however, to state the 
fact which constitutes such emergency. Provided, however, 
that an emergency shall not be declared on any franchise or 
special privilege or act creating any vested right or interest 


68 Constitution of the State of Arkansas 


or alienating any property of the State. If a referendum is 
filed against any emergency measure such measure shall be a 
law until it is voted upon by the people, and if it is then re- 
jected by a majority of the electors voting thereon, it shall be 
thereby repealed. The provisions of this sub-section shall 
apply to city or town councils. 


Local for Municipalities and Counties.—The initiative and 
referendum powers of the people are hereby further reserved 
to the legal voters of each municipality and county as to all 
local, special and municipal legislation of every character 
in and for their respective municipalities and counties, but 
no local legislation shall be enacted contrary to the Constitu- 
tion or any general law of the State, and any general law 
shall have the effect of repealing any local legislation which 
is in conflict therewith. 


Municipalities may provide for the exercise of the in- 
itiative and referendum as to their local legislation. 


General laws shall be enacted providing for the exercise 
of the initiative and referendum as to counties. Fifteen per 
cent of the legal voters of any municipality or county may 
order the referendum, or invoke the initiative upon any local 
measure. In municipalities the number of signatures required 
upon any petition shall be computed upon the total vote cast 
for the office of mayor at the last preceding general election; 
in counties, upon the office of Circuit Clerk. In municipali- 
ties and counties the time for filing an initiative petition shall 
not be fixed at less than sixty days nor more than ninety days 
before the election at which it is to be voted upon; for a ref- 
erendum petition at not less than thirty days nor more than 
ninety days after the passage of such measure by a municipal 
council; nor less than ninety days when filed against a local 
or special measure passed by the General Assembly. 


Every extension, enlargement, grant, or conveyance of a 
franchise or any rights, property, easement, lease, or occupa- 
tion of or in any road, street, alley or any part thereof in real 
property or interest in real property owned by municipalities, 
exceeding in value three hundred dollars, whether the same 
be by statute, ordinance, resolution, or otherwise, shall be sub- 
ject to referendum and shall not be subject to emergency legis- 
lation. 

GENERAL PROVISIONS. 


’ 


Definition. The word “measure” as used herein includes 
any bill, law, resolution, ordinance, charter, constitutional 


Constilution of the State of Arkansas 69 


amendment or legislative proposal or enactment of any char- 
acter. 


No Veto.—The veto power of the Governor or mayor shall 
not extend to measures initiated by or referred to the people. 


Amendment and Repeal._-No measure approvd by a vote 
of the people shall be amended or repealed by the General As- 
sembly or by any City Council, except upon a yea and nay 
vote on roll call of two-thirds of all the members elected to 
each house of the General Assembly, or of the City Council, 
as the case may be. 


Election—AIl measures initiated by the people, whether 
for the State, county, city or town, shall be submitted only at 
the regular elections, either State, congressional or municipal, 
but referendum petitions may be referred to the people at 
special elections to be called when fifteen per cnt of the legal 
voters shall petition for such special election, and if the 
referendum is invoked as to any measure passed by a city or 
town council, such city or town council may order a special 
election. 


Majority.—Any measure submitted to the people as herein 
provided shall take effect and become a law when approved 
by a majority of the votes cast upon such measure, and not 
otherwise, and shall not be required to receive a majority of 
the electors voting at such election. Such measures shall be 
operative on and after the thirtieth day after the election at 
which it is approved, unless otherwise specified in the act. 


This section shall not be construed to deprive any member 
of the General Assembly of the right to introduce any measure, 
but no measure shall be submitted to the people by the Gen- 
eral Assembly, except a proposed constitutional amendment or 
amendments as provided for in this Constitution. 


Canvass and Declaration of HKResults—The result of the 
vote upon any State measure shall be canvassed and declared 
by the State Board of Election Commissioners (or legal sub- 
stitute therefor); upon a municipal or county measure, by the 
county election commissioners (or legal substitute therefor). 


Conflicting Measures.—If conflicting measures initiated 
or referred to the people shall be approved by a majority of 
the votes severally cast for and against the same at the same 
election, the one receiving the highest number of affirmative 
votes shall become law. 


70 Constitution of the State of Arkansas 


Re eee LOIN 


Title —At the time of filing petitions the exact title to be 
used on the ballot shall by the petitioner be submitted with 
the petition, and on state-wide measures, shall be submitted 
to the State Board of Election Commissioners, who shall certify 
such title to the Secretary of State, to be placed upon the 
ballot; on County and municipal measures such title shall be 
submitted to the County Election Board and shall by said board 
be placed upon the ballot in such county or municipal election. 


Limitation.—No limitation shall be placed upon the num- 
ber of constitutional amendments, laws, or other measures 
which may be proposed and submitted to the people by either 
initiative or referendum petition as provided in this section. 
No petition shall be held invalid if it shall contain a greater 
number of signatures than required herein. 


Verification.—Only legal voters shall be counted upon 
petitions. Petitions may be circulated and presented in parts, 
but each part of any petition shall have attached thereto the 
affidavit of the persons circulating the same, that all signa- 
tures thereon were made in the presence of the affiant, and 
that to the best of the affiant’s knowledge and belief each 
signature is genuine, and that the person signing is a legal 
voter, and no other affidavit or verification shall be required 
to establish the genuineness of such signatures. 


Sufficiency.—The _ sufficiency of all state-wide petitions 
shall be decided in the first instance by the Secretary of State, 
subject to review by the Supreme Court of the State, which 
shall have original and exclusive jurisdiction over all such 
causes. The sufficiency of all local petitions shall be decided 
in the first instance by the county clerk or the city clerk, as 
the case may be, subject to review by the Chancery Court. 


Court Decisions.—If the sufficiency of any petition is 
challenged such cause shall be a preference cause and shall be 
tried at once, but the failure of the courts to decide prior to 
the election as to the sufficiency of any such petition shall 
not prevent the question from being placed upon the ballot 
at the election named in such petition; nor militate against the 
validity of such measure, if it shall have been approved by a 
vote of the people. 


Amendment of Petition.—If the Secretary of State, county 
clerk or city clerk, as the case may be, shall decide any peti- 
tion to be insufficient, he shall without delay notify the 


Constitution of the State of Arkansas 71 


sponsors of such petition, and permit at least thirty days from 
the date of such notification, in the instance of a state-wide 
petition, or ten days in the instance of a municipal or county 
petition, for correction or amendment. In the event of legal 
proceedings to prevent giving legal effect to any petition 
upon any grounds, the burden of proof shall be upon the per- 
sons or persons attacking the validity of the petition. 


Unwarranted Restrictions Prohibited—No law shall be 
passed to prohibit any person or persons from giving or re- 
ceiving compensation for circulating petitions, nor to prohibit 
the circulation of petitions, nor in any manner interfering 
with the freedom of the people in procuring petitions; but 
laws shall be enacted prohibiting and penalizing perjury, 
forgery and all other felonies or other fraudulent practices in 
the securing of signatures or filing of petitions. 


Publication.—All measures submitted to a vote of the peo- 
ple by petition under the provisions of this section shall be 
published as is now, or hereafter may be provided by law. 


Enacting Clause.—The style of all the bills initiated and 
submitted under the provisions of this section shall be, “Be It 
Enacted by the People of the State of Arkansas” (municipality 
or county, as the case may be). In submitting measures to 
the people, the Secretary of State and all other officials shall 
be guided by the general election laws or municipal laws, as 
the case may be, until additional legislation is provided there- 
for. 


Self-Executing.—This section shall be self-executing, and 
all its provisions shall be treated as mandatory, but laws may 
be enacted to facilitate its operation. No legislation shall be 
enacted to restrict, hamper or impair the exercise of the 
rights herein reserved to the people. 


That this amendment to the Constitution of the State be, 
and the same shall be in substitution of the Initiative and Ref- 
erendum Amendment, approved February 19, 1909, as the same 
appears in the Acts of Arkansas for 1909, on pages 1239 and 
1240 of the volume containing the same; and that said amend- 
ment (and the Act of the General Assembly to carry out the 
same, approved June 30, 1911, so far as the same is in con- 
flict herewith), be and the same are hereby repealed. 

Submitted as No. 13, at General Election November 2, 1920. Re- 
turns: For, 86,360; Against, 43,662. Declared lost by the Speaker January 
15, 1919. (Page 42, House Journal.) Declared adopted by Special Supreme 
Court, February 16, 1925, in Brickhouse vs. Hill, 167 Ark., 513. 


72 Constitution of the State of Arkansas 


AMENDMENT No. 8. 


(Eual Suffrage.) 
(Supercedes Poll-Tax Amendment of 1908.) 


That Section 1, of Article 3, of the Constitution of the State 
of Arkansas, as amended by Amendment No. 9, adopted Janu- 
ary the 14th, 1909, be amended to read as follows: 


Section 1. Every citizen of the United States of the age 
of twenty-one years, who has resided in the State twelve 
months, in the county six months, and in the precinct, town or 
ward one month, next preceding any election at which they 
may propose to vote, except such persons as may have commit- 
ted some felony be deprived of the right to vote by law 
passed by the General Assembly and who shall exhibit a poll 
tax receipt or other evidence that they have paid their poll 
tax at the time of collecting taxes next preceding such elec- 
tion, shall be allowed to vote at any election in the State of 
Arkansas; provided, that persons who make satisfactory proof 
that they have attained the age of twenty-one years since the 
time of assessing taxes next preceding said election and possess 
the other necessary qualification, shall be permitted to vote; 
and, provided further, that the said tax receipt shall be so 
marked by dated stamp or written endorsement by the judges 
of election to whom it may be first presented as to prevent 
the holder thereof from voting more than once at any election. 
It is declared to be the purpose of this amendment to deny 
the right of suffrage to aliens and it is declared to be the 
purpose of this amendment to confer suffrage equally upon 
both men and women, without regard to sex. Provided, that 
women shall not be compelled te serve on juries. 


NOTE—Submitted by the Legislature of 1919. Voted upon at the 
polls at the General Plection of 1920, with the following results: For, 
87,237 ; against, 49,751. Not receiving a majority of the highest total vote, 
which was 190,113, the Speaker declared it lost. But in Brickhouse vs. 
Hill, 167 Ark., 513, the Supreme Court declared that under the Initiative 
and Referendum Amendment of 1910 only a majority voting on the ques- 
tion is required, of those submitted by the Initiative and Referendum. 
This ruling was extended to include all amendments, however sub- 
mitted, in Combs vs. Gray, 12th of April, 1926, in validating Amendment 
No. 6 (Lieutenant Governor’s office), and on these decisions the Attor- 
ney General issued his opinion that the Equal Suffrage Amendment 
(No. 8), is also now in force. (See Attorney General's letter.) 


AMENDMENT No. 9. 
(To Enlarge Supreme Court.) 


Section 1. The Supreme Court shall be composed of five 
judges, one of whom shall be styled Chief Justice and elected 
as such, any three of whom shall constitute a quorum, and the 


Constitution of the State of Arkansas 73 


concurrence of at least three judges shall in every case be 
necessary to a decision. Provided, if it should hereafter be- 
come necessary to increase the number of judges of the Su- 
preme Court, the Legislature may provide for two additional 
judges and may also provide for the court sitting in divisions 
under such regulations as may be prescribed by law; pro- 
vided, further, that should the court sit in divisions, in all 
cases where the construction of the Constitution is involved, 
the cause shall be heard by the court in bane, and in all cases 
when a judge of a division dissents from the opinion therein, 
at the request of the Chief Justice, or such dissenting justice, 
the cause shall be transferred to the court in banc for its de- 
cision. 


Sec. 2. The Supreme Court judges shall at stated times 
receive compensation for their services to be fixed by law. 
When the salary of the judges under this amendment to the 
Constitution shall have been established by law, such salary 
shall not thereafter be increased or diminished during their 
respective terms. Until otherwise provided by law, the judges 
of the Supreme Court shall each receive a salary of seven 
thousand, five hundred dollars per annum. 


Section 3. The provisions of the Constitution of the State 
of Arkansas in conflict with this amendment are hereby re- 
pealed insofar as they are in conflict herewith, and _ this 
amendment shall take effect and be in operation sixty days 
(60 days) after its approval and adoption by the people of the 
State of Arkansas. 


Submitted at General Election October 7, 1924. Returns: For, 52,151; 
Against, 40,955. Declared adopted by Special Supreme Court in Brick- 
house vs. Ell, Mebruary 16,.1925,-167 Ark, 513, 


AMENDMENT No. 10. 
(Local Bond Issues for Debts Only.) 


Section 1. That Section 4, of Article 12, of the Constitu- 
tion of the State of Arkansas be amended by adding thereto the 
following: 


“The fiscal affairs of counties, cities and incorporated 
towns shall be conducted on a sound financial basis, and no 
county court or levying board or agent of any county shall 
make or authorize any contract or make any allowance for 
any purpose whatsoever in excess of the revenue from all 


74 Constitution of the State of Arkansas 


sources for the fiscal year in which said contract or allowance 
is made; nor shall any county judge, county clerk or any other 
county officer, sign or issue any scrip, warrant or make any 
allowance in excess of the revenue from all sources for the 
current fiscal year; nor shall any city council, board of alder- 
men, board of public affairs, or commissioners of any city of 
the first or second class, or any incorporated town, enter into 
any contraet or make any allowance for any purpose whatso- 
ever or authorize the issuance of any contract or warrants, 
scrip or other evidences of indebtedness inexcess of the reve- 
nue for such city or town for the current fiscal year; nor shall 
any mayor, city clerk or recorder, or any other officer or 
officers, however designated, of any city of the first or second 
class or incorporated town sign or issue any scrip, warrant 
or other certificate of indebtedness in excess of the revenue 
from all sources for the current fiscal year. 


“Provided, however, to secure funds to pay indebtedness 
outstanding at the time of the adoption of this amendment, 
counties, cities and incorporated towns may issue _ interest- 
bearing certificates of indebtedness or bonds with interest 
coupons for the payment of which a county or city tax in addi- 
tion to that now authorized, not exceeding three mills, may be 
levied for the time as provided by law until such indebtedness 
is paid. 


“Where the annual report of any city or county in the 
State of Arkansas shows that scrip, warrants or other certifi- 
cates of indebtedness had been issued in excess of the total 
revenue for that year, the officer or officers of the county or 
city or incorporated town who authorized, signed or issued 
such scrip, warrants or other certificates of indebtedness shall 
be deemed guilty of a misdemeanor and upon conviction there- 
of, shall be fined in any sum not less than five hundred dollars 
nor more than ten thousand dollars, and shall be removed 
from office.” 


Section 2. The provisions of the Constitution of the State 
of Arkansas in conflict with this amendment are hereby re- 
pealed insofar as they are in conflict herewith, and this amend- 
ment shall take effect and be in operation sixty (60) days after 
its approval and adoption by the people of the State of Ar- 
kansas. 


NOTE—Submitted at General Election October 7, 1924. Returns: 
For, 57,854; Against, 35,449. Declared adopted by Special Supreme Court 
in Brickhouse vs. Hill, February 16, 1925. 


Consittution of the State of Arkansas 75 


AMENDMENT No. 11. 
(Eighteen-Mill District School Tax.) 


Section 1. That Article 14, Section 3, of the Constitution 
of the State of Arkansas be amended to read as follows: 


“The General Assembly shall provide by the general laws 
for the support of common schools by taxes, which shall never 
exceed in any one year three mills on the dollar on the taxable 
property in the State, and by an annual per capita tax of one 
dollar, to be assessed on every male inhabitant of this State 
over the age of twenty-one years. Provided, that the General 
Assembly may, by general law, authorize school districts to 
levy by a vote of the qualified electors of such districts a tax 
not to exceed eighteen mills on the dollar in any one year for 
the maintenance of schools, the erection and equipment of 
school buildings and the retirement of existing indebtedness 
for buildings. 


“Provided, further, that no such tax shall be appropriated 
for any other purpose nor to any other district than that for 
which it is levied.” 


Proposed by the General Assembly at the regular session of 1925. 


Voted upon at the General Election October 5, 1926. Returns: For, 97,502; 
Against, 40,837. 


AMENDMENT No. 12. 
(Cotton Mills Tax Exempt for Seven Years.) 


Section 1. That all capital invested in a textile mill in this 
state for the manufacture of cotton and other fiber goods in any 
manner shall be and is hereby declared to be exempt from 
taxation for a period of seven years from the date of the loca- 
tion of said textile mill. 


Section 2. This amendment shall take effect and be in 
force and operation after its approval and adoption by the 
people of the State of Arkansas. 


Proposed by the General Assembly at the regular session, 1925. 
Voted on at the General Election October 5, 1926. Returns: For, 102,044; 
Against, 31,661. 


76 Constitution of the State of Arkansas 


AMENDMENT No. 13. 
(Municipal Improvement Bonds.) 


That Section 1, of Article 16, of the Constitution of the 
State of Arkansas be amended to read as follows: 


“Article 16, Section 1: Neither the State nor any city, 
county, town or other municipality in this State shall ever 
lend its credit for any purpose whatever; nor shall any county, 
city, town or municipality ever issue any interest bearing evi- 
dences of indebtedness, except such bonds as may be author- 
ized by law to provide for and secure the payment of the in- 
debtedness existing at the time of the adoption of the Consti- 
tution of 1874, and the State shall never issue any interest 
bearing treasury warrants or scrip.” 


Provided, that cities of the first and second class, may issue 
by and with the consent of a majority of the qualified elec- 
tors of said municipality voting on the question at an election 
held for the purpose, bonds in sums and for the purposes ap- 
proved by such majority at such election as follows: 


For the payment of any indebtedness existing at the time 
of the adoption of this amendment for the purchase of rights 
of way for construction of public streets, alleys and boule- 
vards within the corporate limits of such municipality; for the 
construction of, widening or straightening of streets, alleys 
and boulevards within the corporate limits of such munici- 
pality; for the purchase, development and improvement of 
public parks and flying fields located either within or with- 
out the corporate limits of such municipality; for the con- 
struction of sewers and comfort stations; for the purchase of 
fire fighting apparatus and fire alarm systems; for the pur- 
chase of street cleaning apparatus; for the purchase of sites 
for, construction of, and equipment of city halls, auditoriums, 
prisons, libraries, hospitals, public abbatoirs, incinerators or 
garbage disposal plants; for buildings for the housing of fire 
fighting apparatus; for the construction of viaducts and 
bridges; and for the purpose of purchasing, extending, im- 
proving, enlarging, building, or construction of water works 
or light plants, and ‘distributing systems therefor. 


No bonds issued under the authority of this amendment 
shall bear a greater rate of interest than six per cent per an- 
num payable either annually or semi-annually; that is to say, 
the cost to the municipality for interest and discount, on each 
issue of bonds shall not exceed six per cent per annum, and 


~l 
~l 


Constitution of the State of Arkansas 


no bonds issued under the authority of this amendment shall 
ever be sold except at public sale after twenty days advertise- 
ment in some newspaper having a bona fide circulation in the 
municipality issuing said bonds, 


In order to provide for the payment of the bonds issued 
under the provisions of this amendment, and interest thereon, 
a special tax, not to exceed five mills on the dollar in addition 
to the legal rate permitted, may be levied by municipalities on 
the real and personal taxable property therein, and any muni- 
cipality issuing any bonds shall, before or at the time of doing 
so, levy a direct tax payable annually not exceeding the amount 
limited as above, sufficient to pay the interest on such bonds 
as the same matures, and also sufficient to pay and discharge 
the principal of all such bonds at their respective maturities; 
provided, that the above limitations of the rate of taxation 
shall not apply to bonds issued by any municipality for the 
purpose of acquiring, purchasing, extending, improving, en- 
larging, building or construction of water works and light 
plants, but the levy of the special tax of five mills authorized 
by this amendment having been exhausted, or the balance un- 
levied being insufficient to pay interest on and retire the pro- 
posed bonds, said municipality for the purpose of paying the 
principal and interest of such water works and light plant 
bonds, may, as far as required, levy and collect a special tax, 
in addition to the rate allowed by this amendment of not to 
exceed five mills on the dollar. 


Said bonds shall be serial, maturing annually after three 
years from date of issue, and shall be paid off as they mature, 
and no bonds issued under the authority of this amendment 
shall be issued for a longer period than thirty-five years. 

No municipality shall ever grant financial aid toward the 
construction of railroads or other private enterprises operated 
by any person, firm or corporation, and no money raised under 
the provisions of this amendment by taxation or by sale of 
bonds for a specific purpose shall ever be used for any other or 
different purpose. 


It shall be the duty of the mayor and city council or other 
governing body established by law, to exercise supervision 
over the sale of any bonds, which may be voted by the people 
at an election held for that purpose and they shall expend 
economically the funds so provided for the specified purposes 
for which they were voted. 


78 Constitution of the State of Arkansas 


Said election shall be held at such times as the city coun- 
cil may designate by ordinance, which ordinance shall specific- 
ally state the purpose for which the bonds are to be issued, 
and if for more than one purpose, provision shall be made in 
said ordinance for balloting on each separate purpose; which 
ordinance shall state the sum total of the issue, the dates of 
maturity thereof and shall fix the date of election so that it 
shall not occur earlier than thirty days after the passage of 
said ordinance. Said election shall be held and conducted, 
and the vote thereof canvassed, and the result thereof declared 
under the law and in the manner now or hereafter provided 
for municipal elections, so far as the same may be applicable, 
except as herein otherwise provided. Notice of said election 
shall be given by the mayor by advertisement weekly for at 
least four times, in some newspaper published in said muni- 
cipality and having a bona fide circulation therein; the last 
publication to be not less than 10 days prior to the date of said 
election. 


Qualified voters of said municipality only shall have a 
right to vote at said elections. The result of said election shall 
be proclaimed by the mayor and the result as proclaimed 
shall be conclusive unless attacked in the courts within thirty 
days after the date of such proclamation. This amendment 
shall not repeal or affect any law relating to the organization 
of improvement districts. 


This amendment shall be in force upon its adoption, and 
shall not require legislative action to put it into force and 
effect. 


Proposed by Initiative Petition filed in the office of the Secretary of 
State on the 24th day of May, 1926. Voted on at the General Election, 
October 5, 1926. Returns: For, 66,915; Against, 54,768. 


AMENDMENT No. 14. 
(Prohibits Local Acts by Legislature.) 
Be It Enaced by the People of the State of Arkansas: 


“The General Assembly shall not pass any local or special 
act. This amendment shall not prohibit the repeal of local 
or special acts.” 


Proposed by Initiative Petition filed in the office of the Secretary of 
State on the 28th day of May, 1926. Voted on at the General Election 


October 5, 1926. Returns: For, 80,500; Against, 44,150. 


Constitution of the State of Arkansas 79 


THE ATTORNEY GENERAL’S OPINION 
ON AMENDMENT NO. 8 


(Equal Suffrage Amendment.) 
Office of the Attorney General, 


Little Rock, Ark., April 26, 1926. 
Hon. Jim B. Higgins, 
Secretary of State, 
Little Rock, Arkansas. 
Dear Sir: 


This is to acknowledge your favor of this date, containing 
the following inquiry: 


“Will you give this department your official opinion as 
to whether proposed Amendment No. 14, providing for equal 
suffrage of male and females, proposed by the General Assem- 
bly in 1919, and submitted to the people at the General Elec- 
tion held November 2, 1920, the same being the election for 
Senators and Representatives, was legally adopted and is now 
in full force and effect.” 


You also enclose your certificate under your official hand 
and seal of office showing the total vote of the people cast at 
the election held November 2, 1920, upon the Amendment in 
question to be as follows: 


pk Ory ATT Oren Lan Ove Poe eel oe 7 OS 
Against Amendment No. 14_.___.__________ 49,751” 


Said amendment, omitting the caption, is as follows: 


“Section 1. Every citizen of the United States of the age 
of twenty-one years, who has resided in the State twelve 
months, in the county six months, and in the precinct, town 
or ward one month, next preceding any election at which they 
may propose to vote, except such persons as may have com- 
mitted some felony be deprived of the right to vote by law 
passed by the General Assembly and who shall exhibit a poll 
tax receipt or other evidence that they have paid their poll 
tax at the time of collecting taxes next preceding such elec- 
tion, shall be allowed to vote at any election in the State of 
Arkansas; provided, that persons who make satisfactory proof 
that they have attained the age of twenty-one years since the 
time of assessing taxes next preceding said election and pos- 
sess the other necessary qualifications, shall be permitted to 


80 Constitution of the State of Arkansas 


vote, and provided further, that the said tax receipt shall be so 
marked by dated stamp or written endorsement by the judges 
of election to whom it may be first presented as to prevent 
the holder thereof from voting more than once at any election. 
It is declared to be the purpose of this amendment to deny 
the right of suffrage to aliens and it is declared to be the pur- 
pose of this amendment to confer suffrage equally upon both 
men and women, without regard to sex. Provided, that women 
shall not be compelled to serve on juries.” 


In response to your inquiry, I will call your attention to 
the case of Hildreth vs. Taylor, 117 Ark., 465, wherein the court 
held that Amendments to the Constitution must receive a ma- 
jority of the votes of all those voting at the election. 


However, in the case of Brickhouse vs. Hill, 167 Ark., 513, 
the above opinion was overruled insofar as measures that were 
initiated by the people were concerned, the court holding in 
that case that an Amendment was legally adopted when a ma- 
jority of the electors voting thereon voted in favor of the 
Amendment. 


Then, again in the recent case of Combs vs. Gray, decided 
April 12, 1926, Law Reporter, Vol. 25, No. 7, at page 501, the 
Hildreth-Taylor case, supra, was further and completely over- 
ruled, the court saying: 


“Any measure referred to the people shall take effect and 
become a law when it is approved by a majority of the votes 
cast thereon, and not otherwise,’! meant that all constitutional 
measures, Whether submitted by the Legislature or directly by 
the people, and all initiated measures as well as legislative 
measures referred to the people, should take effect when ap- 
proved by a majority of the votes cast thereon,” 


In view of the foregoing, and since the Amendment about 
which you inquire received a majority of the votes cast thereon, 
it is therefore my opinion that the Amendment above quoted 
became a part of the Constitution of the State of Arkansas on 
November 2, 1920, and is now a part of the Constitution of this 
State, and you are so advised. 


Very truly, 
He W. APPLEGATE: 


Attorney General 


(1) Taken from Initiative and Referendum Amendment of 1910, thus 
making this the rule go back to 1910 on all amendments, however sub- 
mitted. 


Saal 
2) 


Constitution of the State of Arkansas 


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Constitution of the State of Arkansas 


82 


ELECTION RETURNS ON CONSTITUTIONAL AMENDMENTS— (Continued). 
(Including All Proposed Since the Present Constitution Was Adopted.) 


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oe —.|pept. 5, 1906 8 Seven-mill District School Tax (5) 92,969 47,368 146,370 20,783 For 
eee Ont e lt.) LoS 9 Poll-Tax (Superceded Amendment 
| OLPRLOO 2). LC 6) tet. ee ee 88,: 386 46,835 167,789 4,492 For 
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jonigedh., Seals bM adep tee. tL Se oan See ee 103,246 33,000 169,649 18,421 69,849, For (8) 
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| Against 


(5) Superceded by Twelve-mill District School Tax Amendment of 1916, which was in turn superceded by 18-mill amend- 
ment . 1926. 

(6) Superceded Ue Equal Suffrage Amendment of 1920. 

(7) Repealed and supplanted by the Initiative and Referendum Amendment of 1920, validated by Special Supreme Court, 
Brickhouse vs. Hill, 167 Ark., 513. 

(8) New rule from 1910 forward. Under Combs vs. Gray, April 12, 1926, the only requirement for adoption is a majority 
voting on the amendment, however submitted. (See Note 1.) 

(9) Overruled in State vs. Donaghey, 106 Ark., 56. (That not more than three could be submitted at one election. How- 
ever, under the new Initiative and Referendum (1920), this restriction applies to the Legislature only, not to the people.) 


83 


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84 


ELECTION RETURNS ON CONSTITUTIONAL AMENDMENTS— (Continued). 


(Including All Proposed Since the Present Constitution Was Adopted.) 


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| Gini tietede byl w Semtaes) a= ee eee 25,059 24,191 72,984 11,334 868 For (13) 
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| Defined (Initiated by I. & R.)__ 86,360 43,662 L913 8,697 42,698 for (14) 
| Against 
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7 |Nov 2, ee 15 |To Increase Number of Supreme Against 
| COULrtIUStICESSLO: SGV CN ee 65,083 63);218 190,113 29,974 ASW e720) 
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| | Fully Defined (16) (Initiated by I. 
OCR ER) eee ee eae ee ee Sak 38,690 61,112 L28:032 8 eee ie | | eee eee 
2. act ae 1922} 14 To Increase School Revenues (Sub- 
| 14,384 88,703 128,032) ele ee re | ee ere eee eee 


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(13) Under Brickhouse vs. Hill, 167 Ark., 513, the Attorney General declared this Amendment to have carried, it having re- 


ceived a majority 


No. 10 (Local Bond Issue for Debts Only), repealed it. 
(14) Validated by Special Supreme Court, Brickhouse vs. Hill, 167 Ark., 513. 


endum Amendment of 1910. 


(15) Validated by Supreme Court, by inference, from the case of Combs vs. 
Superceded by Poll-Tax Amendment of 1908, 


Attorney General, 
of 1920, now in force. 


(16) Same as No. 7 


Page 


lad 


(SE 


Gray, 


FAM epeOl 1A 


‘ast thereon, but this amendment was later ruled out (Babb vs. El Dorado, 170 Ark., 10), because Amendment 
Repeals and supplants Initiative and Refer- 


1926. Also see opinion of 


85 


Constilution of the State of Arkansas 


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